Equal rights and opportunities
regardless of sexual orientation or
transgender identity or expression
The active promotion of equal rights and opportunities
regardless of sexual orientation or transgender identity or
expression is a priority for the Swedish government. The
right to protection against discrimination on grounds of
sexual orientation has been strengthened in recent years.
This fact sheet presents a selection of measures already
taken or currently being introduced.1
CURRENT LEGISLATION
Constitutional law
Under Chapter 1 paragraph 2 of the Instrument of Government, public institutions are to “combat discrimination of persons on grounds of gender, colour, national or
ethnic origin, linguistic or religious affiliation, functional
diability, sexual orientation, age or other circumstance
affecting the private person”.
The Discrimination Act
Since the January 2009 a new law against discrimination, the Discrimination Act, is in force. The Act aims
to combat discrimination and promote equal rights and
opportunities regardless of sex, transgender identity or
expression, ethnic origin, religion or other belief, functional diability, sexual orientation or age.
Penal law
The penal provision on agitation against a national or
ethnic group offers protection against threats or expressions of contempt directed at a national or other such
group with allusion to i.a. sexual orientation. Normally,
the punishment in such cases is imprisonment for a
maximum of two years. For a gross crime the punishment
is imprisonment for at least six months and at most six
years.
Besides the provision against agitation, there are other
penal provisions targeting actions or expressions of a
homophobic or discriminatory nature. One example is the
provision against unlawful discrimination, which makes it
an offence i.a. in the conduct of business to discriminate
against someone on the grounds of sexual orientation. The
prohibition also targets a person employed in public service
or having a public duty.
Other penal provisions that can be used to protect individuals against abuse and violation with homophobic overtones are insulting behaviour, defamation, inciting rebellion,
assault, unlawful threat, molestation and inflicting damage.
Furthermore, when a court determine the punishment it
FACT SHEET
Ministry of Integration
and Gender Equalityt
July 2010
shall be considered an aggravating circumstance whether
a motive for the crime was to aggrieve a person or people
by reason of i.a. sexual orienttation. This applies whatever
type of offence is involved.
Family law
As of 1 May 2009, new rules concerning marriages
apply in Sweden. The amendments to the Marriage
Code mean that two people of the same sex may enter
into marriage. The provisions of the Marriage Code are
applied in the same manner, regardless of whether the
spouses are of different sexes or the same-sex.
The Swedish Registered Partnership Act ceased to apply 30 of April 2009. This means that it is not possible to
register a new partnerships. A partnership that already is
registered will, however, remain valid until the partnership
is terminated or converted into marriage.
A registered partnership can be converted into a marriage if the couple jointly notify the Swedish Tax Agency
of their intention, or if they get married. A part nership
will apply as a marriage as of the date on which the Swedish Tax Agency receives the notification, or from the time
of the wedding. The possibility of conversion is not limited
in time.
Since 1 February 2003, registered partners and samesex spouses are eligible for consideration as adoptive parents. Registered partners, same-sex spouses and same-sex
cohabitants may be given joint custody of a child.
As of July 2005 the Law on Genetic Integrity i.a. also
makes assisted fertilisation with donated sperm permissible when the woman concerned is the wife, registered
partner or cohabitant of another woman. The wife,
partner or cohabitant is to be regarded as the parent of
the resultant child together with the fertilised woman, on
condition that she has agreed to the treatment and that it
can reasonably be assumed that the child was conceived
through such fertilisation. The parental status of the wife,
partner or cohabitant is determined through acknowledgment or judgment by court.
CURRENT LEGISLATIVE WORK
Constitutional law
In the Government Bill 2009/10:80 A reformed Constitution the Government has proposed to extend the
constitutional protection against discrimination to also
cover the grounds of sexual orientation.
Amendments to the Constitution require the Riksdag
to take two identical decisions. A general election must be
held between the decisions. The Riksdag took a first vote
in June 2010 and the second vote will be held after the
general election in autumn 2010.
Family law
In its report from 2007 the Government investigation
on parenthood in connection with assisted fertilisation
(SOU 2007:3) propose that the rules introduced in
2005 on parenthood for women in lesbian relationships be widened to also embrace children conceived
through assisted fertilisation outside the Swedish medical service. New measures to make it easier for children
born through assisted fertilisation with donated sperm
or eggs to learn about their biological origin were also
proposed. The report has been circulated for comment
and the inquiry’s recommendations are currently being
processed in the Government Offices.
OTHER ACTION AREAS
The Equality Ombudsman
As of 1 of January 2009 the Equal Opportunities Ombudsman, the Ombudsman against Ethnic Discrimination, the Disability Ombudsman and the Ombudsman
against Discrimination because of Sexual Orientation
has been merged into one Government agency – the
Equality Ombudsman.
The principal task of the Equality Ombudsman is to
ensure compliance with the new anti-discrimination law.
The Ombudsman registers and investigates complaints
relating to the bans against discrimination and harassment specified in the Discrimination Act. The Ombudsman may also represent victims of discrimination free of
charge in court. A further duty of the Ombudsman is to
monitor and scrutinise how i.a. employers and schools are
living up to the requirements of the Discrimination Act
concerning preventive action.
Other actors
The Living History Forum is an agency with a special
national responsibility to promote democracy, tolerance
and human rights, using the Holocaust as its starting
point. It disseminates information about the Holocaust
and about communism’s crimes against humanity. One
of its priorities is the fight against homophobia. The aim
is to fill in knowledge gaps concerning the Holocaust,
for instance, and to illustrate the links to presentday
work on issues relating to homo- and bisexual and
transgender persons. One of the agency’s tasks is to
make an inventory of research and methods that can
help youth organisations combat heteronormativity
in society. It collaborates in this with a range of actors,
including the Equality Ombudsman, higher education
institutions and NGOs.
In cooperation with local authorities and regions in
Sweden, the government has established a youth guidance centre on the Internet called UMO.se. UMO.se is a
national web-based clinic for people aged 13 to 25 years.
The purpose of the site is to make it easier for young
people to find relevant, current and quality assured
information about sex, health and relationships. UMO is
embodied by an inclusive perspective and aims to make
every visitor feel welcome and included. In 2008, UMO.
se received the RFSL Ungdom award to an actor that has
contributed to the rights of young homo- and bisexual
and transgender persons.
Agency mandates
The rights and opportunities of homo- and bisexuals
are also addressed in the Government’s mandates to
public agencies. Agencies in the justice system, labour
market and defence are among those to have been allotted tasks in this connection.
To strengthen gender equality in schools the Government has set a side 110 million for a three year period.
Measures include a delegation for gender equality with
the purpose of highlighting and improving knowledge
about gender equality and breaking traditional gender
patterns and gender roles. The National Agency for
Education has an assignment to carry out development
initiatives within the field of gender equality. The assignment includes the continued professional development
of teachers and other staff in the area of honour traditions
and sex and relationship’s education, recruitment of more
male teachers and improved student health to support
mental health among students.
The National Board for Youth Affairs has had a government assignment to conduct an in-depth analysis of the
health situation among young homo- and bisexuals and
transgender persons. The analysis, delivered in January
2010, shows i.a that safe meet meeting-points where no
one is questioned on the grounds of sexual orientation or
gender identity, are needed for the improvement of young
homo- and bisexuals and transgender persons health. The
Government has therefore assigned the National Board
for Youth affairs to make a methodmaterial aimed at
practioners within youth activities. The material should
aim at making it easier for existing local meetingpoints for
youth to more clearly include young homo- and bisexuals
and transgender persons in their activities.
Systematic work for human rights in Sweden
A number of measures that effect the continued systematic work for human rights in Sweden are ongoing
at the moment. According to the Spring Fiscal Policy
Bill for 2010 and the Government Communication Dialog on common basic values (Govt. Comm.
2009/10:106) the Government will present a written
communication to the Riksdag with it’s view on the
continued work to secure full respect for human rights
in Sweden during
2011. The results from a number of Government assignment and other work that is ongoing at the moment
will form the basis for the this written communication.
Some examples are the final report from the Delegation
for Human Rights in Sweden that will be presented by
30 September 2010 and the evaluation of the second National Action Plan for Human Rights that will be finalised
by 31 December 2010.
Action plan for combating violence
in same-sex relationships etc
In November 2007, the Government adopted an action
plan (Govt. Comm. 2007/08:39) to combat men’s
violence against women, violence and oppression in
the name of honour, and violence in same-sex relations.
A total of 1 billion is to be invested, in 56 different
measures, during the present term of office to achieve a
higher level of ambition and lasting improvements. The
Action Plan includes a number of measures aimed at
combating violence in same-sex relationships.
Among others non profit organisations working against
this type of violence have received special funding. The
money has among others been distributeed to educational- and information measures as well as to adapt activities to the needs of homo- and bisexual and transgender
victims of violence in close relationships. One result of
this measure has been establishing a shelter for homoand bisexual and transgender victims of violence by their
partners in Stockholm.
The National Police Board has stepped up its efforts
to combat violence within close relationships, includeing
same-sex relationships, by training approximately 10 000
police officers nationwide in cooperation with the Swedish Prosecution Authority. The aim has been to improve
the police service’s ability to proceed from the perspective of the crime victim in dealing with such cases, and to
strengthen public faith in the police so that more crimes
may be reported.
Uppsala University’s National Centre for Knowledge
on Men's Violence Against Women (NCK) has been
assigned to develop a national programme for the care of
victims of sex crimes that will be spread nationwide during 2010. The work also focuses on partners in same-sex
relationships. In addition NCK is to elaborate methods
for including questions about personal experience of
violence as part of regular examination procedures in
the health care service. The aim is to ensure that staff
are able to detect early on when women and children or
partners in same-sex relationships are being or have been
subjected to violence. Dissemination of information and
knowledge is another important measure to improve the
work against violence in same-sex relationships. NCK has
compiled a report on international and national research
on the subject, which was published in October 2009 and
during 2010 NCK will publish a internet based bank of
knowledge.
Action plan against prostitution
and human trafficking for sexual purposes
In July 2008, the Government adopted an action plan
against prostitution and human trafficking for sexual
purposes. It includes 36 measures in a range of areas.
The National Board of Health and Welfare has been
assigned to develop training material for staff in the
health care service, the social services and youth clinics.
The material is designed to increase their awareness and
understanding of the problems that people in prostitution face. It also addresses the question of how factors
such as gender identity and sexual orientation affect the
individual’s situation.
The Swedish Federation for Lesbian, Gay, Bisexual
and Transgender Rights(RFSL) has received government
funding to examine the situation of homo- and bisexual
and transgender persons buying and selling sexual services, and the situation of people exposed to trafficking for
sexual purposes in these three communities. It will also
study the extent to which such practices occur. RFSL is
to examine in particular the level of knowledge among
staff in the medical and social services etc who come into
contact with the target group.
The National Board for Youth Affairs has been assigned to conduct a study of young people’s attitudes
towards and experience of exposure of a sexual nature on
the Internet and in other interactive media contexts, and
also of their attitudes towards and experience of sexual
services for payment. Among other aspects, the study will
address the situation of young homo- and bisexuals and
transgender persons.
Support to organisations
The National Board for Youth Affairs deals with applications for government grants in accordance with three
ordinances, all of which aim to promote equal rights
and opportunities regardless of sexual orienttation and
other factors. Such grants are available for organisations
for homosexual, bisexual or transgender persons, for
activities against racism, homophobia and similar forms
of intolerance, and for local activities against discrimination, commonly referred to as anti-discrimination
offices. More information about the various types of
support can be found at the organisation’s website,
www.ungdomsstyrelsen.se.
International work
Homosexuality is still prohibited in some 70 countries.
In a number of states, there is considerable reluctance
to treat same-sex relationships as a human rights issue. As a consequence, Sweden actively encourages
all countries to decriminalise sexual contact between
consenting adults of the same sex and is pressing for the
introduction of legal protection against discrimination
on grounds of sexual orientation and gender identity.
During the autumn of 2009, Sweden highlighted the
issue together with a few other countries and representatives from civil society at a side-event in conjunction with
the UN General Assembly. Sweden also raises the situation of homo- and bisexual and transgender persons in
political dialogues with other countries and as part of the
Universal Periodic Review conducted under the auspices
of the UN Human Rights Council. Sweden and the EU
also carry out demarches and issue public statements
opposing legislative proposals that discriminate against
homo- and bisexual and transgender persons, or that entail persecution of human rights defenders in connection
with these issues. Sweden and the other Nordic countries
are pursuing the issue of discrimination on grounds of
sexual orientation or gender identity in the resolution on
summary executions in the UN General Assembly.
The right to freedom from discrimination and persecution on grounds of sexual orientation is not explicitly
listed among the grounds of discrimination in UN human
rights conventions. However, both the UN Human Rights
Committee and the Committee on Economic, Social
and Cultural Rights have established that the prohibition
of discrimination in the Covenant on Civil and Political
Rights and in the Covenant on Economic, Social, and
Cultural Rights includes sexual orienttation. The UN
Committee on the Rights of the Child has also emphasised that the prohibition of discrimination encompasses
sexual orientation. Moreover, the European Court of Human Rights has declared that discrimination on grounds
of sexual orientation is a breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
In the Council of Europe Sweden has actively been
part of the drafting as well as the negotiations for the
adoption of the recommendations against discrimination
on grounds of sexual orientation or gender identity that
was adopted by the end of March 2010.
The protection and promotion of the human rights
of homo- and bisexual and transgender persons are also
one of the Government’s priorities in its development
cooperation programme. Sida’s action plan that provides
focus for operations in this area has been evaluated. The
overall aim is to help improve the situation of homo- and
bisexual and transgender persons in the countries with
which Sweden has development cooperation. Sida addresses these issues in its dialogues with partner countries
and is providing support to organisations working wholly
or in part with the issues.
Sida is also contributing to capacity development and
change processes by means of a course on homo- and bi-
Ministry of Integration and
Gender Equality
sexual and transgender persons and human rights as part
of its International Training Programme (ITP). ITP targets
participants from organisations and public authorities
from Sida’s partner countries.
The situation and human rights of homo- and bisexual
and transgender persons is one of the strategic areas in
Sweden’s bilateral and multilateral cooperation on sexual
and reproductive health and rights (SRHR). Efforts in
this sphere are both normative and operative in character. As part of its international policy for SRHR, Sweden
is seeking to enhance skills and awareness about sexual
orientation and gender identity.
Sweden also intends to continue pressing for states to
address the issue of discrimination based on sexual orientation and gender identity. Opposing violence towards
these groups is also a part of the Government polices on
democratic development and human rights in the development cooperation and on gender equality and women’s
rights and role in the development cooperation as well
as in Sida’s action plan for combatng all forms of genderbased violence through Sweden’s international development cooperation. The Ministry of Foreign Affairs has in
cooperation with Sida and RFSU produced a reference
material on SRHR. The material will provide support in
political and policy dialogues on issues related to SRHR
including rights for homo- and bisexual and transgender
persons.
Read more
Government website: www.sweden.gov.se
Government website on human rights:
www.manskligarattigheter.gov.se
The Equality Ombudsman: www.do.se
The Living History Forum: www.levandehistoria.se
Sexual orientation means in this context homosexual,
bisexual or heterosexual orientation. ”Transgender
identity or expression” refers to a person who does not
identify herself/himself as a woman or a man, or who
expresses belonging to a different gender through his or
her clothing or in some other way. People who identify or
express themselves as, for example transvestites will be,
able to invoke the ban on discrimination.
1
Please address questions relating to the contents of this fact sheet to the
Division for Discrimination Issues, tel: +46 (0)8 405 10 00.
Further copies of the fact sheet can be downloaded from the Government’s
website: http://www.sweden.gov.se/sb/d/8366
Printed by Grafisk Service, Sweden, July2010.
The Fact sheet is produced by the Ministry of Integration and Gender Equality