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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
       Appropriation         Government           Appropriation
         direction                                  direction


      The Swedish                            Ombudsman against
    Integration board                        Ethnic Discrimination



               National authorities and local government




         Implementation of political goals to society
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    Appropriation directions:   Government directive putting an
    (Regleringsbrev)            appropriation at the disposal of the
                                spending authority and specifying the
                                allocation of the appropriated funds
       The Ombudsman's
     appropriation directions

             Activity 1                  Individual complaints


             Activity 2                  Proactive measures


             Activity 3          Deliberation, information and training




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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
                         Communication
                          and promotion




            Individual       The              Proactive
           complaints     Ombudsman           measures




                                          Annual budget: 2.6 million €
                         Administration
                                                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       800              794

    • 16 % increase since       780        762
                                760
      2002
                                740
    • yet surveys show that     720
      only 6 % make a           700 686                 Complaints

      complaints                680
    • The actual potential      660
      could be as high as 13    640
      000 complaints per year   620
                                    2002         2004


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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
            ___________________

    Legislation 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 (1999:131) om ombudsmannen mot etnisk diskriminering


    • Measures to Counteract Ethnic Discrimination in Working Life Act
            lagen (1999:130) om åtgärder mot diskriminering i arbetslivet på grund av
                      etnisk tillhörighet, religion eller annan trosuppfattning


             • Equal Treatment of Students at Universities Act
                  lagen (2001:1286) om likabehandling av studenter i högskolan

                     • The Prohibition of Discrimination Act
                           lagen (2003:307) om förbud mot diskriminering




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                                       Working life
     • Measures to Counteract Ethnic Discrimination in Working Life Act
                lagen (1999:130) 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
                                          osed 2004
                                  C ases cl

    400
                                                            354
    350

    300

    250

    200

    150

    100

    50         34            32
                                                5
     0
          Settlement in   Settlement      Court decision   Closed
              court




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          Working life - statistics

             Complaint by gender
    44%




                                      56%
     Men
     Women




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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 plaintiff’s 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 (2001:1286) 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 (2003:307) 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
                   Complaints at civil society
                                   Labour
                                   market
        Miscellanous                11%             H ousing
            22%
                                                      15%
                                                         Social
                                                       insurance
    Social care
                                                           6%
        9%
                                                 Bank and
       H ealth care                              insurance
            5%           Restaurants                 4%
                             28%




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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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