GE.19-18028(E)
Human Rights Council
Working Group on the Universal Periodic Review Thirty-fifth session
20–31 January 2020
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Sweden
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 11 November 2019 Original: English
Contents
Page
I. Introduction ... 3
Method and consultation process ... 3
II. Protecting human rights ... 3
A. National human rights strategy ... 3
B. International human rights conventions ... 4
C. Establishment of an independent national human rights institution and human rights in the education system ... 5
III. Specific areas of human rights ... 5
A. Rule of law ... 5
B. Measures to combat discrimination and segregation and promote integration of newly arrived immigrants ... 5
C. Measures to combat racism and hate crime ... 7
D. Measures for gender equality and to prevent men’s violence against women ... 10
E. Measures to combat human trafficking ... 11
F. Measures for the rights of the child ... 12
G. Measures for the rights of indigenous peoples and national minorities ... 14
H. Measures for the rights of persons with disabilities ... 16
IV. Conclusion ... 20
I. Introduction
1. We are living in a time when it is more vital than ever before that international agreements and norms on human rights are respected and viewed with the utmost seriousness. The Government is aware that challenges remain in the work to protect and promote human rights in Sweden and is firmly determined to prioritise work to surmount them.
2. The objective of Sweden´s human rights policy is to ensure full respect for Sweden’s international human rights commitments. This objective emphasises that ensuring that Sweden’s international commitments are fulfilled in all parts of the country, in all parts of the public sector, nationally as well as in regional and municipal government, is a central undertaking for the Government.
3. Sweden intends to take a leading role in implementing the 2030 Agenda. Human rights are to infuse every aspect of this work and Sweden seeks to be a positive force by living up to its human rights commitments.
4. The UN’s Universal Periodic Review (UPR) is of the utmost importance in efforts to protect and promote human rights on the national and international stage. Sweden works through the UPR to ensure greater transparency regarding the human rights situation through constructive dialogue and in close collaboration with relevant actors, including civil society. The Government has also appointed an ambassador for human rights, democracy and the principles of the rule of law, who represents Swedish policy in international organisations, in contact with other countries and in close dialogue with civil society organisations.
5. Compliance with the recommendations that Sweden has accepted within the UPR process is a high priority and this report focuses on the accepted recommendations in line with the guidance from the UN for the national reports in the third cycle of UPR. The report also addresses some of the recommendations that Sweden has not accepted.
Method and consultation process
6. This report has been coordinated by the Division for Discrimination Issues, Human Rights and Child Rights Policy at the Ministry of Employment. All ministries responsible for issues raised in the recommendations received by Sweden in the second cycle of UPR have been involved in producing this report. Information is continuously exchanged with the agencies concerned regarding issues addressed in the report.
7. An information meeting on the UPR process in general and on Sweden’s third-cycle review in particular was held for a broad range of civil society organisations, at the Swedish Government Offices on 29 April 2019. On 4 September 2019 a thematic consultation was held prior to Sweden’s submission of this report. Several other communication measures have also been taken and are being planned. For example, information about the review has been published on the Government website regeringen.se.
II. Protecting human rights
A. National human rights strategy
8. In 2016 the government adopted its strategy on human rights (the strategy).1 The strategy takes as its starting point the objective of ensuring full respect for Sweden’s international human rights commitments. It states that a cohesive structure must be put in place to promote and protect human rights. Such a structure should comprise strong legal and institutional protection of human rights, coordinated and systematic work on human rights in the public sector and strong support for work on human rights in civil society and in business.
9. A number of initiatives are being carried out within the structure of the strategy, which include seeking to increase awareness and competence on human rights and more coordinated and systematic work on human rights. This work also involves civil society, partly by the Government gathering the views of civil society stakeholders when reporting under the conventions.
10. An inter-ministerial working group at the Swedish Government Offices, appointed by the Government, is tasked since 2006 with exchanging information and experience on questions concerning human rights and on following up the Human Rights strategy.
B. International human rights conventions
11. It is a fundamental principle that Swedish legislation is framed in conformity with Sweden’s undertakings in international conventions. This conformity must be scrutinised on an ongoing basis. Sweden applies a dualistic approach to international conventions, as described in more detail in the national UPR report submitted in November 2014.
1. Incorporation of the UN Convention on the Rights of the Child into Swedish law 12. On 13 June 2018 a majority in the Riksdag (the Swedish Parliament) voted in favour of the Government’s proposal to incorporate the UN Convention on the Rights of the Child (CRC) into Swedish law. The act will enter into force on 1 January 2020.2
13. Incorporation gives the CRC the status of Swedish law, entailing a clearer obligation on courts and legal practitioners to consider the rights that follow from the CRC in deliberations and assessments that are part of decision-making processes in cases and matters concerning children.
14. For the CRC to have an impact, continued transformation of the provisions into national law is necessary, alongside incorporation. Moreover, a combination of various measures is necessary, such as guidance, education and coordination between different actors at different levels in society.
2. Ratification of the Third Optional Protocol to the Convention on the Rights of the Child on a communications procedure
15. If children are to be able to have their rights upheld, it is important that there are systems in place that enable them to assert them. These rights can be asserted in different ways. The potential ratification of the Third Optional Protocol on a communications procedure raises a number of questions which must be analysed before the Government is able to reach a view on the issue.
3. Ratification of ILO Convention No. 169 on indigenous and tribal peoples
16. Regarding ILO Convention No. 169 on indigenous and tribal peoples, the Government will work towards ratification. However, ratification of the Convention is ultimately a question for the Riksdag to decide.
4. Ratification of ILO Convention No. 189 on decent work for domestic workers
17. On 7 November 2018, the Riksdag voted in favour of the proposal in the bill on ILO Convention (No. 189) on decent work for domestic workers, thus approving the proposal to ratify the Convention. Sweden submitted its ratification to the Director General on 4 April 2019.
5. Ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
18. The Migrant Workers Convention is an international convention whose provisions are to a wide extent also regulated in legal acts of the EU. A discussion regarding potential ratification must therefore be addressed at EU level. Thus, a unilateral approach from
Sweden, for example, is not possible. None of the EU Member States have ratified the Convention.
C. Establishment of an independent national human rights institution and human rights in the education system
19. In March 2018 the Government appointed an inquiry with the aim of exploring the establishment of a national human rights institution. The memorandum Förslag till en nationell institution för mänskliga rättigheter i Sverige3 was submitted in October 2018.
The proposal has been circulated to almost 200 government agencies and organisations for consultation and the issue is now being prepared further in the Swedish Government Offices. In the Statement of Government Policy on 10 September 2019 the Prime Minister stated that an independent institution for the protection of human rights will be established.
Knowledge of and awareness of human rights in the education system
20. The Swedish Education Act and national curricula set out a mandate for the Swedish education system to promote a strong and resilient democracy. Students are to learn about democracy and human rights. They are also to learn through fundamental democratic values and respect for human rights being embedded in the schools’ learning environment.
The aim is for them to develop democratic competences for active citizenship.
III. Specific areas of human rights
A. Rule of law
21. All public power in Sweden proceeds from the people. Swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. It is realised through a representative and parliamentary form of government and through local self- government. Public power is exercised under the law.
22. Under Swedish law, a suspect who is arrested or detained has the right to a public defender from the moment at which he or she is informed of the alleged crime, in other words before an interview is conducted in the case. The question of the right to a defender thus arises at a very early stage and is also addressed swiftly in practice.
23. A suspect who is deprived of liberty and is represented by a public defender or a private defender who meets equivalent criteria, has an unrestricted right to see their defender and speak with them in private.4 When the suspect is informed of the criminal allegations, the suspect must also be informed of the rights that he or she has in the process.5
24. The Swedish Prison and Probation Service (SPPS) uses the UN’s Standard Minimum Rules for the treatment of Prisoners; Nelson Mandela Rules, and other international regulations in basic training for all employees. They are also one of the sources used as the basis of guidelines for the work instructions of the SPPS and other internal rules in the form of regulations and general advice, guidelines, policies, strategies, plans, manuals and instructions. These documents state how the SPPS is to conduct its operations effectively, humanely and safely in line with applicable legislation and international commitments.
B. Measures to combat discrimination and segregation and promote integration of newly arrived immigrants
1. Legislation against discrimination
25. Work to safeguard effective and comprehensive legislation against discrimination continues. Formal protection against discrimination has been strengthened through changes in terms of protection against discrimination due to a lack of accessibility for people with
disabilities. The requirements governing obligations for employers and education providers have been tightened up.
26. There are continued challenges in the field of discrimination. As part of the #metoo movement, many witnesses came forward with cases of harassment in a number of workplaces and schools. This shows that there may be additional needs for clearer sanctions against employers and education providers who fail to meet the requirements of the Discrimination Act.
27. There are signs that the Discrimination Act is not being complied with to a sufficiently high extent in terms of requirements made of employers to conduct pay surveys to discover, tackle and prevent unfair pay differentials. If the Discrimination Act is to have a genuine impact in society, those covered by the provisions of the act must a) be aware of these and b) seek to comply with the rules. Furthermore, there is a need for effective oversight of the Act, with effective sanctions where the provisions are not met. It needs to be ensured that the tools that the supervisory authority has at its disposal under the Discrimination Act are appropriate and in line with the rule of law.
28. An inquiry has been appointed to analyse whether the current provisions regarding supervision of active measures are appropriate for effective compliance with the law. The inquiry chair is also to analyse how supervision of the provisions in the Discrimination Act that cover the sphere regulated by the Education Act can be transferred from the Equality Ombudsman (DO) to the Swedish Schools Inspectorate.
2. The Equality Ombudsman and the anti-discrimination offices
29. The Equality Ombudsman (DO) has a central role in combatting discrimination.
DO’s mandate is broad and covers many different areas. DO’s appropriations were increased by SEK 10 million in 2015 and by another SEK 10 million in 2017.
30. More actors are needed to conduct effective work to combat discrimination. The work of local anti-discrimination offices (ADB) shows the importance of combatting discrimination at local and regional level. There is great demand for the services they provide and today there are 16 ADB spread across Sweden. The Government has increased its appropriations to ADBs from SEK 15 million a year to SEK 29 million a year.
3. Specifically about discrimination due to ethnic origin and religion or beliefs
31. Discrimination due to ethnic origin and religion or beliefs is prohibited under the Discrimination Act. This ban covers virtually all areas of society. Furthermore, employers and education providers work preventively to combat discrimination due to ethnic origin and religion or beliefs.
32. Discrimination on different grounds, e.g. multiple discrimination, can be investigated by the Equality Ombudsman. The Ombudsman has noted that it’s not unusual that a complainant state that the discrimination they experienced was associated with more than one ground of discrimination. The reports indicate an association between the grounds of ethnic origin and religion or beliefs.
4. Measures to combat segregation and promote integration of newly arrived immigrants
33. The objective of Sweden’s integration policy is to promote equal participation for newly arrived immigrants in working and social life. Civil society organisations have an important role in achieving this goal. People’s voluntary commitment and organisation is essential in fostering a cohesive society characterised by community and trust. The Government has therefore designed a number of measures to strengthen dialogue with civil society and create better conditions for civil society organisations, both through general policy measures and through targeted measures to promote integration and combat segregation.
34. One example is how municipalities under Ordinance (2010:1122) on state compensation for activities for certain foreigners, can apply for grants from the County Administrative Board for activities with refugee guides and family contacts. Funds are
provided to civil society organisations for activities that seek to promote integration, create networks, support language learning or provide social support to unaccompanied minors.
C. Measures to combat racism and hate crime
1. National plan to combat racism, similar forms of hostility and hate crime
35. Sweden is to be a country free of racism and hate crime. Sweden is implementing the national plan Nationell plan mot rasism, liknande former av fientlighet och hatbrott as decided in November 2016. The governmental agency The Living History Forum has been responsible for coordinating and following up the plan since 2016.
36. The national plan states the importance of working on a broad front against racism, similar forms of hostility and hate crime and at the same time have a particular focus on different forms of racism and similar forms of hostility. Various initiatives are in progress, several of which are generally focused on racism, as well as certain measures geared towards combatting specific forms of racism such as antisemitism, antiziganism, islamophobia and racism against the Sámi.
2. Measures to increase knowledge, education and research on racism and hate crime 37. Since 2015, The Living History Forum has been tasked with carrying out a major education initiative on racism. Target groups include school staff and other public employees, e.g. at the Swedish Police Authority, the Swedish Public Employment Service, the Swedish national insurance office Försäkringskassan and social services. Evaluations of training initiatives as a whole have generally shown excellent results.
38. Since May 2018, The Living History Forum has been tasked with promoting journeys of remembrance to Holocaust memorial sites and granted funding to the Swedish Committee Against Antisemitism for a project on journeys of remembrance to Holocaust memorial sites in 2018–2020. Journeys of remembrance help to increase awareness of the ultimate consequences of racism and undemocratic forms of government.
39. The Swedish Media Council works to improve the skills of children and young persons as aware media users and to protect them from harmful effects of media. The Swedish Media Council runs the campaign “No Hate Speech Movement”, which aims to increase awareness of racism and similar forms of hostility on the internet.
40. In 2018 the Government introduced a national media and information literacy initiative to strengthen people’s resistance against disinformation, online hate and propaganda.
41. The Swedish National Agency for Education was charged with carrying out knowledge-boosting initiatives in schools on xenophobia and similar forms of intolerance.
Within this remit, the agency has worked with the Living History Forum and eleven education institutions to develop a series of courses on how to combat xenophobia and racism in preschools and schools.
42. The Swedish National Agency for Education has run regional conferences, produced online support material, compiled information on research and the resources of other organisations, and produced podcasts about the work of schools against racism.
43. Every year, the Swedish Agency for Youth and Civil Society allocates grants in line with the Ordinance on government grants for activities to combat racism and similar forms of intolerance. Since 2016, the agency has been awarded funding to increase the disbursement of government grants to projects that specifically seek to combat different forms of racism.
44. Since 2016, the Swedish Research Council has been running a research programme on racism amounting to SEK 20 million a year in partnership with the Swedish Research Council for Health, Working Life and Welfare (Forte). In early 2019, the Swedish Research Council made a further call for proposals for grants under this programme.
3. Work of crime prevention agencies against hate crime
(a) Work by the Swedish Police Authority
45. The Swedish Police Authority has raised its ambition in tackling hate crime and other crimes that threaten human rights and fundamental freedoms. This includes introducing a national contact point on these issues, and there are now democracy and hate crime groups in the Stockholm, West and South police regions. Equivalent capacity is also to be established in the other four police regions. Besides investigating relevant crimes, the designated resources will work with support to victims of crime, internal training, collaboration and other measures to create reassurance and trust.
46. From 2018 onwards, the Swedish Police Authority will be allocating an additional SEK 10 million in special funding for measures including strengthening existing efforts to increase bringing the perpetrators of crimes against democracy and hate crime to justice, clearer coordination, strategic work and follow-up.
47. Training on hate crime is a compulsory element in basic training for new police officers. In addition, there is internal online training available to all police employees. The Swedish Police Authority has also commissioned a training course from Uppsala University which provides in-depth skills on the underlying causes of racism, hate crime and crimes that threaten freedom of opinion.
48. The Swedish Police Authority is also stepping up its efforts to combat IT-related crime, including hate crime. National resources are being further expanded and regional IT crime centres are being set up.
49. The Swedish Police Authority conducts an ongoing dialogue with vulnerable groups on questions of security and safety at national and at local level. The Police Authority and the Swedish Security Service operate in close collaboration and also work in partnership with their counterparts in other countries. The Police Authority and the Security Service are constantly assessing whether there are grounds to take action to increase security and safety and are equipped to do so, both nationally and at regional level if deemed necessary.
50. The appropriation letters for 2016 and 2018 commissioned the Swedish Police Authority to report back on the steps taken to combat hate crime. The Swedish Police Authority’s latest report, submitted on 28 March 2019, showed that the authority has stepped up its efforts in several areas.
(b) Work of the Swedish Prosecution Authority
51. Every local public prosecution office has one or more appointed prosecutors with special responsibility for dealing with hate crime. The Prosecution Authority’s internal guidelines point out the importance of paying attention to and carefully investigating any hate motives and highlighting these as aggravating circumstances before the courts. If a hate motive can be proven, it may mean a harsher penalty for the perpetrator.
52. The Prosecution Authority has legal memoranda and handbooks that seek to give prosecutors guidance and support in inquiries and prosecutions. In recent years, the Prosecution Authority has produced a memorandum on hate crime and a memorandum on agitation against a national or ethnic group on social media. The authority has also produced a handbook on processing cases involving defamation and application of the special provisions that apply to such cases. The Prosecution Authority also conducts extensive training activities and training on hate crime is a part of the basic training of prosecutors.
(c) Work of the Swedish National Council for Crime Prevention
53. The Swedish National Council for Crime Prevention (Brå) regularly produces statistics on hate crime. The statistics comprise police reports with identified hate crime motives and self-reported exposure to hate crime. The next report with statistics will be published by 31 October 2019.
54. Hate crime statistics used to be published every year but are now published every two years in order for Brå to be able to produce in-depth studies on hate crime. Last year Brå published two such studies, an analysis of self-reported exposure to hate crime based on the Swedish Crime Survey and a quality review of the police’s flagging of cases as hate crime.
55. In June 2019 Brå produced an in-depth report on anti-Semitic hate crime. The study highlights the nature of anti-Semitic hate crime with a focus on perpetrators, with the aim of obtaining better data to strengthen preventive work.
56. With the aim of bolstering work to prevent violent extremism, the Government has set up a national centre for preventing violent extremism at Brå. The Centre for Preventing Violent Extremism (CVE) is to strengthen and develop work to prevent violent extremism.
4. Government support for security enhancement measures
57. The Ordinance (2018:1533) on government grants for security enhancement to civil society organisations entered into force on 1 October 2018.
58. The purpose of the government grant is that it should contribute to meet needs for security enhancement measures in civil society organisations whose activities are affected by fear of threats, violence and harassment linked to skin colour, national or ethnic origin, religion or belief, sexual orientation, transgender identity or expression or other similar circumstance or the work of organisations against racism or similar forms of hostility.
59. Grants may be awarded to faith communities, non-profit organisations and certain foundations provided that particular criteria in the Ordinance are met.6
60. The Ordinance (2018:527) on government support for security-enhancing measures in schools entered into force on 15 June 2018. The grant is set up to reduce the risk of crimes against schools or against students or school staff. It is to be spent on physical security enhancing measures that improve safety in school buildings, in school grounds and equivalent outdoor areas in after-school programmes.
61. The Swedish National Agency for Education allocates the grant for security- enhancing measures to providers who run schools where there is a tangible risk of crime where a motive for the crime is to aggrieve a person, ethnic group or some other similar group of people due to any such circumstance referred to in Chapter 29, Section 2(7) of the Penal Code (i.e. race, colour, national or ethnic origin, religious belief, sexual orientation, transgender identity or expression or other similar circumstance).
5. Legislation
62. On 1 July 2018 the grounds of transgender identity or expression were added to the provision on unlawful discrimination and to the rule on prosecuting insulting behaviour. An addition was also made such that it is expressly stated that it is an aggravating circumstance if a motive for an offence was to insult a person or a population group on grounds of transgender identity or expression. On 1 January 2019 transgender identity or expression was also added to the provisions of the Freedom of the Press Act and the Penal Code on agitation against a national or ethnic group. These changes to the law bring about expanded and clearer protection under criminal law for transgender people.
63. The new Video Surveillance Act which entered into force on 1 August 2018, means that a permit is no longer required for video surveillance, e.g. of editorial offices and premises used by religious communities. Under the new act, permits for video surveillance are only required for video surveillance carried out by government agencies and some other bodies carrying out tasks in the public interest.7
64. To further improve opportunities of fighting crime with the help of video surveillance, the Government has produced a proposal that allows the Swedish Police Authority and the Swedish Security Service to conduct video surveillance entirely without a permit from the Swedish Data Protection Authority from 1 January 2020. A government bill on this was submitted to the Riksdag in June 2019.
65. The Government has appointed a parliamentary committee to consider whether specific criminal liability should be introduced for participation in a racist organisation and whether a ban should be introduced on racist organisations as such.
6. International conference to commemorate the Holocaust
66. In October 2020 the Swedish Prime Minister will host an international conference commemorating the Holocaust to highlight and combat anti-Semitism. The conference is currently being planned.
7. International work on intercultural and inter-religious dialogue
67. A special envoy for inter-religious and intercultural dialogue is posted at the Ministry for Foreign Affairs. The duties of the special envoy include strengthening work against anti-Semitism and islamophobia internationally, and protecting religious, including Christian, minorities in the Middle East and North Africa.
D. Measures for gender equality and to prevent men’s violence against women
1. Objectives and agency
68. The overarching objective of Sweden’s gender equality policy is for women and men to have the same power to shape society and their own lives. Under the sub-goal of equal division of power and influence between women and men, women and men are to have the same rights and opportunities to be active citizens and shape the terms of decision- making.
69. Following a Government decision, the Swedish Gender Equality Agency was founded on 1 January 2018. The agency’s remit includes developing preventive measures to combat men’s violence against women, honour-related violence and oppression, prostitution and human trafficking for all purposes and violence in same-sex relationships.
2. Sex-based quotas on corporate boards
70. The goal of the gender equality policy has not been attained in the private sector.
Despite progress, men continue to dominate in the boardrooms of private companies and in management. In 2018 boards of directors in private companies comprised 34 percent women and 66 percent men, while women accounted for 9 percent and 8 percent of chairpeople and CEOs respectively. Distribution between men and women is equal in wholly and partly state-owned companies, with figures standing at 48 percent women and 52 percent men in the same year. 48 percent of these companies are chaired by women and women make up 36 percent of their CEOs. Statistics for 2019 show that for the first time women are in the majority in chairing state-owned companies.
71. The Government works actively to promote equal distribution between women and men, including on government boards, advisory councils and on committees of inquiry.
With regard to sex-based quotas, the Riksdag stated in a report that equal distribution between women and men is to be attained by other means.
3. The gender pay gap
72. In Sweden, responsibility for pay levels lies with the labour market partners. The employer and employee unions work actively to reduce the pay gap between women and men.
73. Under the sub-goal of economic equality, men and women must have the same opportunities and conditions regarding paid work so as to provide economic independence throughout their lives. This goal has not been met in terms of the gender pay gap. In 2017, the gender pay gap was 11.3 percent. When factors such as occupation, sector, education, age and working hours are taken into account, the undeclared pay gap is 4.3 percent. The
single most important cause of the differences in pay is that women and men work in different occupations and these occupations have different pay levels.
74. The Discrimination Act (2008:567) has been reviewed to tackle the gender pay gap.
All employers must now conduct a pay survey every year. Employers with ten employees or more must also document their work on the survey. The purpose of the survey is for employers to be able to discover, remedy and prevent unfair differences in pay between women and men. The survey must also cover other terms of employment.
75. In December 2017 the Government passed a decision to draw up an action plan on gender equal lifetime income. The plan describes the key factors affecting lifetime income (the gender segregated labour market, pay differentials, health and safety and sickness figures, unequal use of parental insurance) and the measures that have been taken or are in the pipeline.
4. Men’s violence against women
76. In November 2016, the Government decided on a ten-year national strategy (2017–
2026) to prevent and combat men’s violence against women.8 The strategy takes a holistic approach to areas in need of improvement, focussing on four political aims for expanded and effective preventive work to combat violence: improved detection of violence, stronger protection for and support to women and children subjected to violence, more effective law enforcement and improved knowledge and methodological development. The strategy has an action programme for the period 2017–2020. The Government has allocated more than SEK 1 billion to implement the action programme.
77. In recent years, several inquiries have been conducted and legislative amendments introduced to strengthen efforts to combat men’s violence against women. A new legislation concerning sexual offences – based on the principle of consent – entered into force 1 July 2018.9
78. Sweden has put in place universal measures to prevent violence, which are defined as primary prevention. This involves producing, developing and implementing programmes geared towards a broad target group which involve changing gender stereotypes. The Government supports this trend through mandates to the Swedish Gender Equality Agency, the county administrative boards and in an agreement with the Swedish Association of Local Authorities and Regions. Work on these universal measures to prevent violence is constantly evaluated. The county administrative boards also work on campaigns to draw attention to the problem of men’s violence against women. Pilot helplines have been opened in two counties for people who feel they need help with their aggressive behaviour towards family members. The aim of the helplines is early discovery and offering the opportunity to change behaviours before violence escalates.
79. The National Board of Health and Welfare and the Swedish Prison and Probation Service are tasked with developing treatment initiatives for people who have committed violence in close relationships. To better understand causes and areas in society where development is needed, the National Board of Health and Welfare has a statutory duty to investigate deaths. From 1 January 2019, this work has been expanded to also cover certain forms of non-fatal violence in close relationships.
80. Since 1 July 2018, knowledge of violence in close relationships and men’s violence against women has been included in the degree programmes for physiotherapists, lawyers, doctors, psychologists, nurses, social workers and dentists.
81. For 2015–2019, the Government has decided on the largest allocation of government grants to non-profit shelters for women and girls ever, SEK 515 million.
E. Measures to combat human trafficking
82. Chapter 4, section 1(a) of the Swedish Penal Code contains the criminal provision on human trafficking. On 1 July 2018 several legislative amendments entered into force which were, inter alia, intended to strengthen the protection in criminal law against human
trafficking and exploitation. As regards the criminal provision on human trafficking, the legislative amendments entail clarifications to criteria of the offence and provide stronger protection for children as well as a stricter minimum penalty for human trafficking offences that are less gross.
83. Combatting human trafficking has long been a priority issue for the Government.
Swedish agencies work actively to train staff in the judicial authorities who work against human trafficking. In the past decade, the Swedish Crime Victim Compensation and Support Authority has run several training programmes for staff working at the Swedish Police Authority, the Prosecution Authority and the courts, to improve the way victims of human trafficking and sexual crimes are treated. The authority also provides information to victims of crime in a number of different languages.
84. Since 1 January 2018 the Swedish Gender Equality Agency has been responsible for coordinating national efforts to combat human trafficking. The Swedish Gender Equality Agency is also responsible for calling meetings of the National Task Force against Prostitution and Human Trafficking (NMT) which brings together agencies working to combat prostitution and all forms of human trafficking.10
85. In February 2018 the Government adopted a national action plan to combat prostitution and human trafficking. It addresses all forms of human trafficking and defines activities and people responsible for implementing them.
86. In 2018, the Government tasked the Swedish Police Authority with identifying and reporting on the measures it had taken to boost its capacity to combat human trafficking in the whole country. Initiatives carried out by the Swedish Police Authority include training initiatives, and the fact that the police now has an action plan to combat human trafficking.
87. Regarding human trafficking investigations, since 1 April 2018, all such cases are handled by the Prosecution Authority’s National Unit against Organised Crime (RIO).
Prosecutors who work at RIO are all senior prosecutors with long experience. Since February 2019, there is also a simple methodological support on human trafficking for prosecutors in the local public prosecution offices who come into contact with this type of crime.
88. The Swedish Migration Agency decides on temporary residence permits for aliens, who are in Sweden as victims or witnesses, following applications from the head of a preliminary investigation. The Swedish Migration Agency also plays an important role in work to combat human trafficking by uncovering suspected victims and reporting alleged crimes to the agencies concerned, such as the Swedish Police Authority and social services, within its remit.
F. Measures for the rights of the child
1. Policy for the rights of the child
89. Sweden’s policy for the rights of the child is based on the CRC and other international agreements and spans all sectors. This means that rights of the child must permeate through all policy, and all activities that involve children. The strategy to strengthen the rights of the child in Sweden, adopted by the Swedish Government in 2010, states that the fundamental principles of the UN Convention on the Rights of the Child (the CRC) should be observed in the formulation of all relevant legislation, regulations and general advice, regardless of policy area11.
90. In this policy area, the Ombudsman for Children is tasked with representing children’s rights and interests and with monitoring and driving the implementation of the CRC. In 2017–2019 the Ombudsman for Children has received special funding from the Government to offer governmental agencies and others support on appropriate guidance, knowledge and skills in the interpretation and application of the rights of the child.
2. Non-discrimination and the right to education
91. To ensure that children are not discriminated against under Article 2 CRC, it is important that the knowledge of children’s living conditions which is gathered enables comparison based on different background factors. It also forms the basis for measures and designing operations geared towards children.
92. In Sweden, education is compulsory, which means that children entered in the Swedish population register must attend school unless they have a valid reason not to do so.
Under the Swedish Education Act (2010:800), everyone, wherever they live and whatever their social and economic circumstances, must have equal access to education within the education system. The education is to be of equal value across the whole of Sweden and must be founded on the child’s best interests. This means that students who find it difficult to fulfil the different skills requirements that exist due to a disability must be given support that seeks to counteract the consequences of the disability as far as possible.
3. Child early and forced marriage, sexual exploitation and protection against child trafficking
93. The starting point of Swedish marriage legislation has long been that anyone under the age of 18 has not reached a sufficient level of maturity to form an opinion on the personal and economic issues that arise in marriage. The opportunity for a person under the age of 18 to be granted permission to enter into marriage (marriage dispensation) was removed on 1 July 2014. The lowest age at which anyone may marry in Sweden is thus now 18, without exception. On 1 January 2019, the regulation was tightened up even further as a legislative amendment entered into force stating that, as a new main rule, no foreign child marriages would be recognised in Sweden.
94. Under the Government’s National Action Plan to protect children from human trafficking, exploitation and sexual abuse 2016–2018, a number of steps have been taken with the aim of preventing such violations and effectively protecting children, bringing perpetrators to justice and providing support and protection to child victims.
95. In 2018 the Swedish Gender Equality Agency took over the duties of the Stockholm County Administrative Board in coordinating work to combat human trafficking and exploitation of children on a national basis. Additionally, an ambassador for international cooperation against human trafficking has been appointed, the Government has arranged themed dialogues to combat exploitation in conjunction with tourism and travel, and the general public has been informed about sexual exploitation of children in conjunction with tourism and travel in order to prevent this.
96. In the judicial system, for example the Swedish Police Authority has been tasked with identifying and carrying out measures to improve capacity to combat sexual crimes against children and prosecutors have received in-service training in investigating human trafficking crimes.
4. Children in migration
97. All children in Sweden, including those present in Sweden without the necessary permits, have the right to both healthcare and education12. As the rules are formulated, it can be said that Sweden’s regions and municipalities have a far-reaching responsibility to ensure that the right to care and education is realised, both for those legally resident in the country and those who are not.
98. In cases involving a child, particular attention must be given to what is required with regard to the child’s health and development and the best interests of the child in general13. The consequences for children must be analysed before decisions or other measures that may affect children14. The Swedish Migration Agency must attempt to locate family members of children under the age of 18 who on arriving in Sweden are separated from both their parents or from another adult who may be considered to have acted in the parents’ stead, or who after arrival are without such a representative and who are covered by section 1, paragraph 1 and section (1) and (2) of the Act (1994:137) on reception of asylum seekers etc., as soon as possible.15 If the child is found a placement by social
services, social services must design the care such that it promotes the child’s relationship with relatives and other people close to the child and contact with the home environment16. 5. The rights of the child in international development cooperation
99. Development cooperation is an important tool for promoting the rights of the child.
The perspective of the rights of the child must be prioritised in development cooperation in line with the UN Convention on the Rights of the Child.
6. Procedural safeguards for children
100. Sweden has implemented Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. The legislative amendments entered into force on 11 June 2019.
G. Measures for the rights of indigenous peoples and national minorities
1. Sámi policy
(a) Influence and participation
101. Work has continued to ensure that the Sámi people are able to exercise their rights, with strengthening Sámi influence and participation as a central element. In recent years the Government has continued its ongoing efforts to strengthen the status of the Sámi as an indigenous people and a national minority.
102. As previously reported, the Sámi Parliament has a mandate to engage in community planning and monitor consideration of Sámi needs, including reindeer-herding interests in land and water use. The Sámi Parliament participates in reference groups and working groups, forums and in consultation with central and regional agencies.
103. In addition to this, proposed amendments to the Minerals Act have been submitted and implemented. Under the new provisions, which have applied since 1 January 2018, an environmental assessment must be carried out before licences are granted under the Minerals Act. This means that the operator must conduct a consultation regarding the siting of operations and their anticipated environmental impacts, etc. with individuals who can be assumed to be particularly affected by such operations, i.e. including reindeer husbandry.
104. The Sámi’s opportunities and influence over exercising their economic, social and cultural rights are important to the Government. Consequently, the Government joined countries including Australia and Canada in contributing knowledge and financial resources to an OECD study that seeks to improve the economic development opportunities of indigenous populations. The study has been produced in close collaboration with representatives of the Sámi community and was presented in spring 2019. A unique study, it examines how existing tools, measures and regulations in rural development and regional growth work for the Sámi community and businesses. Policy recommendations for how to strengthen the link between indigenous peoples on the one hand and regional growth policy and rural policy on the other were presented in the study.
105. Furthermore, work on proposals for a consultation system on issues that affect the Sámi people continued in 2018 and 2019. When producing proposals for a consultation system, dialogue was conducted with bodies including the Sámi Parliament, which is an important actor in the process.
106. Deeper dialogue with the Sámi Parliament’s political leadership on important outstanding issues of Sámi policy has continued, including the Sámi Parliament informing the responsible minister of ongoing work to gain support for a truth and reconciliation commission.
(b) The Sámi Parliament
107. The Riksdag has passed a number of statutory amendments that entered into force on 1 July 2019. These include ensuring that the plenary assembly of the Sámi Parliament is to continue to be the highest decision-making body, that the Sámi Parliament’s Board is to be responsible for the work of the Sámi Parliament and that the administrative director is to run ongoing activities in line with the instructions and guidelines determined by the Board.
(c) Nordic Sámi Convention
108. Negotiations between Sweden, Norway and Finland on a Nordic Sámi Convention were completed in 2017, after which the Sámi Parliaments in Sweden, Norway and Finland submitted a request to the governments of the respective countries regarding a number of amendments through the Sámi Parliamentary Council in 2018. This request is currently being prepared in the respective government offices.
2. Minority policy
109. One of Sweden’s fundamental laws, the Instrument of Government, states that
“everyone shall be guaranteed the following rights and freedoms in his or her relations with the public institutions” and that one of the six freedoms is “freedom of worship; that is, the freedom to practise one’s religion alone or in the company of others”.17 Sweden’s national minorities are the Jews, Roma, the Sami, the Swedish Finns and the Tornedalers. Sweden is a secular state in the sense that it has no state church or state religion.
110. The focus of work on minority policy is on safeguarding the rights of the national minorities. These are human rights that follow on from international commitments.
111. To strengthen the legislation that regulates the rights of the national minorities, the Government produced the Government Bill En stärkt minoritetspolitik.18 The bill is part of revising the direction of minority policy. The Riksdag passed the bill on 19 June 2018 and the proposed legislation entered into force on 1 January 2019.
112. The Government has also produced the communication Nystart för en stärkt minoritetspolitik19 with assessments to safeguard national minority rights. The communication is the second part of the new focus of minority policy. Legislation on national minority rights and the state’s obligations are now stronger and clearer.
113. The Government has decided on terms of reference for an inquiry that seeks to investigate in more detail and analyse what the structure of agencies for coordinating, developing and monitoring minority policy will look like. The inquiry Samordning, utveckling och uppföljning för en stärkt minoritetspolitik (Coordination, development and monitoring for a stronger minority policy) (2018:86) will run until 29 April 2020.
Roma inclusion
114. In 2016–2019 five municipalities have received government grants to carry out development work on Roma inclusion. According to the report of the coordinating agency, Stockholm County Administrative Board, the municipalities have developed initiatives that have produced positive results in relation to several target groups, such as initiatives to improve the skills of staff, methods to educate the general public in Roma history, and working methods to encourage young people to be open about their Roma identity.
115. The Swedish National Agency for Education has produced a digital support package of teaching materials within its mandate for 2016–2019 to increase knowledge about the Roma national minority in schools. The agency has also appointed compulsory school teachers as human rights ambassadors, who have received skills development in the field of human rights and national minorities with a focus on Roma. Stockholm County Administrative Board has also distributed approximately 25,000 copies of the textbook Anti-Gypsyism in Sweden.
116. Other agencies have also carried out training initiatives within the remit of their mandate on Roma inclusion 2016–2019. The Swedish National Board of Housing, Building and Planning has trained housing companies with the aim of counteracting discrimination
against Roma in the housing market and the National Board of Health and Welfare has trained social workers to improve treatment and inclusive working methods. The Swedish Public Employment Service has initiated internal dialogues with employer centres and company advisers to increase awareness of the conditions on the labour market experienced by many Roma.
117. Activities with mediators with Roma language and cultural skills have continued.
The mediators are employed in social or labour market administrations or in schools.
According to the municipalities’ reports, the work of mediators has helped to create networks of contacts, improve trust and faith in government agencies, spread information leading to greater awareness of the situation of Roma, and led to a reduction in school absence and an increase in contact between home and school.
118. It is clear from the reports of Stockholm County Administrative Board that all municipalities that receive government grants for their work carry out some form of consultation with Roma representatives and otherwise work with participation and influence in different ways.
119. To further improve conditions for Roma participation and influence, in 2016–2019 the Swedish Agency for Youth and Civil Society has been tasked with allocating government grants to organisations that carry out health promotion initiatives geared towards Roma, training Roma organisations in organisational techniques and arranging exchanges of experience between these and non-Roma organisations.
120. Work is currently in progress to summarise experiences from the work on Roma inclusion to date and to discuss the focus on work from 2020 onwards in dialogue inter alia with the Government Offices’ Roma reference group.
H. Measures for the rights of persons with disabilities
1. Strategy for implementing disability policy
121. A number of measures were carried out to ensure that the strategy for implementing disability policy for the years 2011–2016 was implemented and gained an impact. To clearly set out the objectives of disability policy, goals were set up in nine priority areas:
Labour market policy, Social policy, Education policy, Transport policy, IT policy, Greater physical accessibility, Judicial system, Public health policy, and Culture, media and sport.
On the basis of the objectives, about ten strategic government agencies worked on a number of sub-goals in their respective areas of activity. The agencies reported the progress of the work to the government each year and to the Swedish Agency for Participation (MFD).
122. MFD was tasked with evaluating disability policy, and this evaluation served as a basis when drawing up the new national objective for disability policy based on the UN Convention on the Rights of Persons with Disabilities.
2. Effective implementation of recommendations on the rights of persons with disabilities
123. The Government has taken a number of measures that seek to carry out the recommendations that the UN’s Committee on the Rights of Persons with Disabilities (the Committee) gave Sweden in 2014.20 In order to disseminate the recommendations, in 2015 the Government tasked MFD with working with the Equality Ombudsman (DO) to implement a communication initiative to increase awareness of the content of the Convention in 2015–2017, and, in this context, also to provide information on the Committee’s recommendations to Sweden.
124. The recommendations from the Committee further formed the basis of the Government’s design of future disability policy and have served as a starting point when producing new objectives and a new focus for implementing disability policy.
125. In the Government Bill “Nationellt mål och inriktning för funktionshinderspolitiken”
(National objective and focus for disability policy) the Government proposed a new objective and a new focus for disability policy and a number of measures that coincide with
