The Office of the Swedish Ombudsman

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The Office of the Swedish Ombudsman against
Ethnic Discrimination ___________________ The
Swedish model Part I
Dober dan
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Swedish Government
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• The Swedish Integration Board
• assume the overall responsibility for ensuring
  that new immigrants receive support for their
  integration into Swedish society,
• promote equal rights, obligations and
  opportunities for all people regardless of ethnic
  or cultural background,
• prevent and counteract racism, xenophobia and
  discrimination,
• follow and evaluate development with respect to
  the ethnic and cultural diversity in society.
• www.integrationsverket.se

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Organization
Annual budget 2.6 million Total staff 31
www.do.se
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Individual complaints

• The task is
• to assist and represent individuals that have
  been discriminated by achieving justice through
  settlements or court decisions
• Working life, higher education and civil society
• Lower education and judicial system

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Individual complaints

• Theoretically 9 million possible plaintiffs
• 16 increase since 2002
• yet surveys show that only 6 make a complaints
• The actual potential could be as high as 13 000
  complaints per year

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Proactive measures

• Supervision of the employers work on proactive
  measures
• Remedy penalty of a fine
• Supervision of the Universities work on proactive
  measures
• No remedies against higher education

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Proactive measures

• 600 000 employers in the private and public
  sector
• 24 universities
• Complaints are equally divided between the
  different sectors
• Very few actually do sufficient work

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Communication and promotion

• The task is
• to increase the conditions for other actors to
  take measures to combat discrimination
• to increase the knowledge of discrimination in
  society and of the existents of the Ombudsman

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Communication and promotion

• Media and other channels
• Debates, conferences, projects, press
  servicesdo.se
• Deliberation with key organizations
• Local government, key national authorities, mayor
  companies
• Training of target groups
• Muslims, black communities, women etc
• Recent immigrants, unemployed persons

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The Office of the Swedish Ombudsman against
Ethnic Discrimination ___________________ Legisla
tion and cases of discrimination Part II
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Legislation

• The Constitution Chapter 1 art 2, Chapter 2 art
  15, 23
• Respect of human rights in legislation,
• prohibits disadvantage based on race, colour or
  ethnic origin

• The Penal Code Chapter 16 art 9
• prohibition of discrimination in the supplies of
  goods and services as well as employees at the
  state and local authorities on the grounds of
  race, religion, colour of skin, ethnic origin and
  homosexuality

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Legislation

• The Ombudsman against Ethnic Discrimination Act
• lagen (1999131) om ombudsmannen mot etnisk
  diskriminering

• Measures to Counteract Ethnic Discrimination in
  Working Life Act
• lagen (1999130) om åtgärder mot diskriminering i
  arbetslivet på grund av
• etnisk tillhörighet, religion eller annan
  trosuppfattning

• Equal Treatment of Students at Universities Act
• lagen (20011286) om likabehandling av studenter
  i högskolan

• The Prohibition of Discrimination Act
• lagen (2003307) om förbud mot diskriminering

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Working life

• Measures to Counteract Ethnic Discrimination in
  Working Life Act
• lagen (1999130) om åtgärder mot diskriminering i
  arbetslivet på grund av
• etnisk tillhörighet, religion eller annan
  trosuppfattning

• Guideline for proactive measures
• employers planning to promote equal rights and
  opportunities in cooperation with the unions
• working conditions
• recruitment
• Prohibits discrimination of employees and work
  searchers
• defines different types of discrimination (
  direct, indirect, harassment, instructions)
• remedies ( invalidity, claim for damages)
• Supervision of the law
• the ombudsman and workers unions have the right
  to supervise the law and to represent in court

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Working life - statistics
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Working life - statistics
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Working life - Examples

• Case
• Woman of Muslim belief wanted a job as a
  demonstrator
• Court decision claims for damages was denied
• Case
• Woman of Bosnian origin that hade live in Sweden
  since she was 12 years old was denied a position
  at a call center
• Court decision Acceptance of the plaintiffs
  claim for damages ( 4 400 )
• Case
• Man of Arabian origin wanted a job as a teacher
  of mathematics, but the local government
  appointed another person with poorer
  qualifications
• Settlement 8 800

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Higher education

• Equal Treatment of Students at Universities Act
• lagen (20011286) om likabehandling av studenter
  i högskolan

• Guideline for proactive measures
• universities have to promote equal rights and
  ethnic diversity
• prevent and stop harassment
• annual plan
• Prohibits discrimination of students
• defines different types of discrimination (
  direct, indirect, harassment, instructions)
• remedy ( claim for damages)
• Supervision of the law
• the ombudsmen have the right to supervise the
  law and to represent in court

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Higher education - examples

• No cases in court
• Case woman that want to bear a Hijab at an exam
  but the university prohibits it as it would make
  the identification difficult
• Supervision of the law
• Claim for lack of plans for proactive measures
  at the universities in Sweden made by the student
  organization

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Civil society

• The Prohibition of Discrimination Act
• lagen (2003307) om förbud mot diskriminering

• Definitions
• direct, indirect, harassment, instructions
• different grounds of discrimination
• Prohibits discrimination
• labour market, starting or running a business,
  conditions for access to certain occupations,
  membership, commercial supply of goods, services
  and housing
• social welfare, social insurance, unemployment
  insurance, health and medical care
• prohibits reprisals
• remedy ( invalidity, claim for damages)
• Supervision of the law
• the ombudsmen have the right to supervise the
  law and to represent in court

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Civil society - statistics
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Civil society - examples

• Case
• Group of youngsters with a foreign appearance
  denied entrance to a club in a mayor city
• Claims for damages for 66 000
• Case
• Family of former Yugoslavian origin denied
  access to apartment in a local community based on
  statistics showing there where already to many
  of the same origin
• The ombudsman will represent the family in court
• Case
• Woman of the Roma population denied a room in a
  hotel in a mayor city
• Settlement 11 000

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Hvala za vao pozornost
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