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Sweden has long been home to various minorities such as the Roma, Finns and the Jewish community, as well as the Sami, an indigenous population. Nevertheless, Sweden has also long viewed itself as an ethnically homogenous country. This has been changing in large part due to various types of immigration since the 1950s, a process that was given an added boost during the 2010s. From the 1950s through to the 1970s, there was labour migration to Sweden. From the 1970s onwards, various groups of refugees arrived due to turbulence around the world. In addition to immigrants from EU countries, there are many people in Sweden who were born in other parts of the world. In 2023, the population reached about 10.55 million. The number of foreign-born inhabitants in 2023 was about 2.27 million or 20.6 %. Ethnicity is not monitored, but Sweden’s detailed statistics provide relevant proxies, such as statistics concerning country of birth and parents’ country of birth.
Racialised ethnic groups are particularly affected by discrimination and exclusion. The persistent Swedish history of racism and discrimination concerning the Roma has received some recognition in recent years. People perceived to be Muslims or from the Middle East are also clearly affected. The evident negative effects of racial discrimination on AfroSwedes in the labour market are well-documented.
Sweden considers itself to be a secular country. At the same time, most people still belong to the Lutheran church which was the state church until 2000. Various other faiths have become more established in recent years. This has brought to the forefront issues concerning discrimination based on religion as well as freedom of religion, particularly regarding people presumed to be Muslims. They may actually be Muslims or are assumed to be Muslims due to markers such as their name, skin colour, etc.
In recent years, greater visibility has been given to certain disability and sexual orientation equality law issues through mobilisation of the LGBTIQ community and NGOs working in the area of the rights of persons with disabilities. These grounds, as well as sex, ethnicity and religion, were initially addressed in separate laws that in essence created equality silos, reinforcing the development of uneven legal protection for the different grounds.
Sweden’s first law against discrimination, adopted in 1970, was a criminal law provision prohibiting discrimination due to race or religion by merchants in the provision of goods and services.5 However, it was the later civil laws against discrimination in working life that set the pattern for the equality silos – based on separate laws and enforcement authorities.
The first equality silo was created by the prohibition of sex discrimination in working life that entered into effect in 19806 along with the establishment of the Sex Equality Ombudsman (JämO). It was not until 1999 that three relatively modern laws against discrimination were adopted, concerning the grounds of ethnicity and religion, disability and sexual orientation. In addition, three separate ombudsmen were established for oversight and enforcement in relation to these grounds.
The 1999 laws did not allow for positive treatment or other proactive measures, as was the case with sex discrimination. A key step forward was the application of the same shifted burden of proof regardless of the ground. During the 2000s, transposing EU law played a key role as new laws were adopted. Nevertheless, sex discrimination maintained its primary role within the equality silos and the hierarchy concerning protection and enforcement.
To understand Swedish labour law, it is necessary to understand the dominant role of the social partners. Employees and employers are highly organised (approximately 70 % of employees and 95 % of employers). Conflicts are largely resolved through collective bargaining, while legislation plays a secondary role. The social partners were influential in slowing the development of discrimination law in relation to working life. Such laws were seen as an encroachment on their power.
Sweden has a fairly comprehensive welfare state. Social and economic benefits have been formulated only to a limited extent in terms of rights giving rise to legal claims. The enforcement of individual rights, particularly by groups that are generally affected by discrimination, has not been a strong part of Swedish legal culture. Furthermore, the constitutional tradition in regard to fundamental rights has been weak. This is changing, however, due to the increasingly important role played by EU law, the European Convention on Human Rights and the Swedish Constitution.
There were few direct equality law developments in 2023. However, there is concern among e.g. NGOs and others that proposals for new laws weakening the rule of law tend to be directed at those with a migrant background, and may lead to a greater risk of ethnic discrimination, for instance by the police. Note that discrimination by the police in carrying out their duties is not prohibited by the Discrimination Act.