Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1(1)(a) of the Convention. Grounds of discrimination. The Committee recalls that the Discrimination Act, 2009, does not include political opinion or social origin as prohibited grounds of discrimination. The Committee also recalls that in its previous report the Government referred to the “Stronger safeguards against discrimination” Bill (2007/08:95) and was considering ordering an investigation into the possibility of establishing a comprehensive ban on discrimination with an “open list” of prohibited grounds. In this regard, the Committee notes the Government’s indication that no inquiry has yet been initiated. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention. The Committee encourages the Government to carry out the investigation planned, in order to consider the possibility of adopting legislation prohibiting discrimination including on the grounds of political opinion and social origin in employment and occupation and to provide information on any progress made in this respect. The Committee further requests the Government to provide detailed information on how it ensures, in practice, protection against discrimination based on political opinion and social origin.

Article 2. Equality of opportunity and treatment of men and women. The Committee recalls that the Government had adopted a long-term strategy for gender equality in the labour market in 2009, which provides for specific measures, including addressing horizontal occupational segregation in the labour market. The Committee notes the Government’s indication that the Delegation for Gender Equality in Working Life was established in 2011 which has the function of proposing actions to promote gender equality in working life and to increase women’s participation in the labour force. The report of the Delegation is due by the end of 2014. The Committee requests the Government to provide information on the implementation of the long-term strategy for gender adopted in 2009 and on the report of the Delegation for Gender Equality in Working Life as well as on the measures taken thereon and the results achieved. Please also provide information on the Equality Ombudsman’s plan for 2013–15 which prioritizes work on equal rights and opportunities of Jewish, Roma, Sami, Swedish Finn and Tornedaler persons.

Gender equality plans. In its previous comments, the Committee requested information on the adoption, implementation and impact of gender equality plans at the enterprise level as required by the Discrimination Act, and on the measures taken to promote gender equality in enterprises with less than 25 employees. The Government indicates in its report under the Equal Remuneration Convention, 1951 (No. 100), that no information on the number of gender equality plans is available. The Government also refers to the role of the Equality Ombudsman in the elaboration and evaluation of the gender equality plans. The Committee requests the Government to provide information on the concrete assistance that has been provided by the Equality Ombudsman in the elaboration of the gender equality plans, the evaluation of their impact, and the promotion of gender equality. Please provide information on any other measures taken to promote gender equality in employment and occupation in enterprises with less than 25 employees.

Equality of opportunity and treatment irrespective of race, colour, national extraction and religion. The Committee notes that the Act on National Minorities and National Minority Languages, which came into force in 2010, aims at protecting and promoting the languages of the national minorities and provides for the opportunity of national minorities to retain their culture. It includes provisions seeking to improve access to education for persons speaking minority languages, in particular Jewish, Roma, Sami, Swedish Finn, and Tornedaler persons. The Committee notes the information provided by the Government on the implementation in practice of the Act. The Committee further notes the Government’s indication that the Introduction Act, which also came into force in 2010, provides for a variety of measures to facilitate access to employment for newly arrived immigrants (i.e. refugees, other persons in need of protection and their family). The Committee requests the Government to continue to provide information on measures to promote integration and equality of opportunities for minority groups and foreign-born persons, and their impact on the promotion of equality of opportunities in employment and occupation irrespective of race, colour, national extraction and religion and the difficulties encountered. Please indicate the measures taken to address discrimination in employment and occupation against immigrants, in particular newly arrived immigrants and persons born outside Europe, on the grounds of race, colour, national extraction and religion.

Situation of the Roma. The Committee notes that according to the final report of the Delegation for Roma Issues, it was estimated that only 10 per cent of Roma persons in the municipality of Malmö were employed and only 5 per cent attended secondary education The report recommends the adoption of a variety of relevant measures, including that the Swedish Agency for Economic and Regional Growth should prepare a national programme for Roma employment in which half of the funds would be allocated for female-oriented initiatives (Roma rights – a strategy for Roma in Sweden, SOU 2010:55, pages 314, 364 and 367). The Committee notes that as part of the Government’s policy on national minorities, the Government adopted in 2012 a Coordinated Long-term Strategy for Roma inclusion 2012–32. The Strategy contains six areas of activity including education, work, housing, health, social care and social security. The Strategy includes a pilot project which has been launched employing mediators to serve as a link between Roma jobseekers and potential employers in five municipalities. The strategy also focuses on access to education and the inclusion of Roma women in the labour market. The Committee requests the Government to provide information on the implementation and results of the pilot project, as well as any other concrete measures related to employment and education adopted in the framework of the Coordinated Long-term Strategy for Roma inclusion and measures taken to address prevailing stereotypes of Roma and to create understanding of the situation of the Roma minority. Please also provide statistics disaggregated by sex concerning the situation of Roma in education, employment, and occupation.

The Sami. The Committee notes that an amendment to the Swedish Instrument of Government entered into force in January 2011, recognizing the Sami as a people. The Committee also notes the Government’s indication that the “Discrimination against the Sami as an indigenous people” project, undertaken by the Equality Ombudsman through the year 2015, seeks to gather information on the situation of the Sami and on how to ensure their equal access to rights and opportunities. The Committee requests the Government to provide information on the findings and recommendations of the “Discrimination against the Sami as an indigenous people” project, and the measures adopted thereon. Please provide statistical information gathered on the situation of the Sami in education, employment, and occupation.

Enforcement. The Committee notes the statistical information provided by the Government, which shows that out of 2,732 complaints received by the Equality Ombudsman, 564 were passed on to the union and 28 were taken further (ten resulted in mediation, five were sent to court, two were withdrawn and 11 are still under examination). The Committee requests the Government to continue to provide information on the complaints submitted to the Equality Ombudsman including information on the criteria of admissibility, the number and nature of complaints indicating the grounds of discrimination alleged, and their outcomes, as well as cases brought by the Equality Ombudsman before the Labour Court.