Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sweden (Ratification: 1962)

Grounds of discrimination. The Committee recalls that the Discrimination Act, which entered into force on 1 January 2009, prohibits discrimination and promotes equal rights and opportunities on a range of grounds, but does not include some of the grounds enumerated in Article 1(1)(a) of the Convention, namely political opinion and social origin. In this connection, the Committee notes that the Government refers to the Bill entitled “Stronger safeguards against discrimination” (2007/08:95), in which it expresses the view that “ … it may be of interest to investigate the suitability and possibility of framing a general and comprehensive ban on discrimination based on the principle of universal human equality of dignity and rights … therefore contemplates ordering an investigation of the possibilities of a discrimination ban with an open list”. The Committee asks the Government to continue to provide information regarding the developments in adopting an open list of prohibited grounds of discrimination, and to indicate how it ensures, in practice, the prohibition of discrimination based on political opinion and social origin.

Gender equality plans. The Committee recalls that the Discrimination Act requires employers to take active measures to promote equal opportunities at the workplace (Chapter 3), and for that purpose, gender equality plans must be drawn up every three years by employers with more than 25 employees (Chapter 3, sections 4–9 and 13). The Committee notes the Government’s indication that the Equal Opportunities Ombudsman has prepared a manual to assist the social partners in drawing up gender equality plans. The Committee asks the Government to continue to provide information on the adoption, implementation and impact of gender equality plans at the enterprise level, and on any measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment of men and women in employment and occupation. The Committee notes that the Government introduced in 2009 a long-term strategy for gender equality in the labour market and the business sector. In this regard, the Committee notes from the information provided by the Government under the Equal Remuneration Convention, 1951 (No. 100), that 60 specific measures have been introduced, including measures aimed to eliminate the wage gap and the horizontal occupational segregation in the labour market. The Committee also notes that measures have been taken by the Government with regard to increasing full-time employment of women, the promotion of women’s entrepreneurship and the equal representation between men and women in company boards and directorates of national authorities. The Committee notes in this respect that the number of women on boards of publically owned companies was 49 per cent in 2010, and the number of female chairpersons on the directorates of national companies was 34 per cent. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of men and women in employment and occupation, including the impact of these measures on reducing occupational gender segregation.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes the Government’s indication that the integration of immigrants within the labour market and the educational system is relatively poor. The Government points out several factors which would explain this poor integration, such as the general level of labour supply and demand, immigrants’ language skills, the direction and level of their education, employers’ ability to correctly evaluate educational and vocational merits acquired abroad, discrimination and length of residential standing. The Committee notes that a strategy has been set up to address equality of opportunity and treatment in education and employment for immigrants. The strategy aims at addressing a range of areas including employment and entrepreneurship; better educational performance and equivalence at schools; and language and education for adults. The Committee further notes that a new strategy on national minorities was adopted in June 2009 containing measures to strengthen the rights of migrants and in particular to counteract discrimination and marginalization. The Government indicates that a number of authorities will monitor the national strategy for a period of three years. The Committee asks the Government to provide further information regarding the impact of the national strategies on promoting equality of opportunity and treatment in employment and occupation irrespective of race, colour, national extraction and religion. The Committee also asks the Government to provide statistical information disaggregated by sex, on the employment rates of foreign- and native-born persons in the public and private sectors. The Committee reiterates its requests for information on the results of the analysis of the impact of the Ordinance on Anti-Discrimination Clauses in Procurement, 2006.

Situation of the Roma. The Committee notes that the Delegation for Roma Issues has conducted a broad inquiry and was to submit a final report in June 2010. The Committee also notes that the Equality Ombudsman is preparing a report based on the work of the former Ombudsman against Ethnic Discrimination (DO) which will examine how a national equality body can work with the law to redress grievances of the Roma women and men as well as to counter discriminatory structures. The Committee asks the Government to continue to provide information on the measures taken or envisaged to combat prejudice and discrimination against the Roma, including information taken to promote their access to education, training, employment and occupation. The Committee also asks the Government to supply a copy of the reports submitted by the Delegation for Roma Issues and the Equality Ombudsman, once available, as well as any relevant statistics concerning the situation of Roma in education, employment and occupation.

The Sami. The Committee notes that the Stockholm County Administrative Board and the Sami Parliament have received the mandate to monitor the new national minority strategy. The Committee also notes that funds have been provided to the Sami Parliament in 2008 and 2009 to improve the participation of Sami women in society and in the political process. The Committee further notes that the Equality Ombudsman has published two reports concerning the Sami people with a view to preventing and counteracting discrimination against them. The Committee asks the Government to continue to provide information on the measures taken or envisaged to combat discrimination and promote equality of opportunity and treatment of the Sami people, including the impact thereof. The Committee also requests the Government to provide summaries of the findings and recommendations of the two reports of the Equality Ombudsman. Please also provide statistical information concerning the Sami people’s access to education, training, employment and occupation. Having noted previously that a bill was to be submitted to Parliament in March 2010 on the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Committee requests information concerning any developments on the status of the Bill on Sami rights and the prospects of ratification of Convention No. 169.

Cooperation with social partners. The Committee notes that under the Discrimination Act, employers and employees “are to cooperate on active measures to bring about equal rights and opportunities in working life regardless of sex, ethnicity, religion or other belief, and in particular to combat discrimination in working life on such grounds” (Chapter 3, section 1). The Committee further notes from the Government’s report that a “Greenhouse project” has been conducted to develop and disseminate a method for discovering and preventing discrimination and harassment in the workplace. The Government indicates that the method is intended to support proactive measures taken by the social partners at the workplace. The Committee asks the Government to provide further information on the implementation of Chapter 3, section 1, of the Discrimination Act, including specific information on active measures taken by the social partners.

Enforcement. The Committee notes that eight cases have been brought before the Labour Court by the Equality Ombudsman. The Committee requests the Government to continue to provide information on discrimination cases, including those brought to the attention of the Labour Court by the Ombudsman. The Committee also asks the Government to continue to provide information on the monitoring activities of the Equality Ombudsman concerning the application of the Convention, as well as information on the number, nature and outcome of cases brought by the Ombudsman before the Labour Court.