Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee previously noted the adoption in 2009 of the long-term Strategy for gender equality in the labour market and requested the Government to provide information on the specific measures implemented in that framework, to address occupational segregation in the labour market. It notes the Government’s indication that a Gender Equality Agency was established in January 2018 to achieve an effective application of the gender equality policy, through monitoring, analysis, and coordination actions. It observes that the Government does not provide any information on the activities of the Agency or on the measures implemented to address occupational segregation in the labour market as mentioned in its 2021 direct request under the Equal Remuneration Convention, 1951 (No. 100). The Committee however notes that, in 2019, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the Government stated that the goal of the gender equality policy has not been attained in the private sector, as despite some progress, men continue to dominate in the boardrooms of private companies and in management. In 2018, boards of directors in private companies comprised 34 per cent women and 66 per cent men, while women accounted for 9 per cent and 8 per cent of chairpersons and CEOs respectively. Distribution between men and women is equal in wholly and partly state-owned companies, with figures standing at 48 per cent women and 52 per cent men in the same year (A/HRC/WG.6/35/SWE/1, 11 November 2019, paragraph 70). The Committee further notes, from the 2020 report of the National Mediation Office, forwarded by the Government, that while women have on average a higher education than men (with 51.5 per cent of women having a post-secondary education or postgraduate education compared to 38 per cent of men), only 5.6 per cent of women have managerial positions, compared to 7.9 per cent of men. The Mediation Office further highlights that, as a result of the COVID-19 pandemic, after several years of increase, the number of employees decrease; this decrease being twice as large among women than among men. The proportion of women decreased in all sectors except within the state. The Committee notes this information. It further notes that, as highlighted in 2019 in the context of the UPR, several UN treaty bodies expressed concern at the persistence of horizontal and vertical occupational segregation, with women being still concentrated in part-time work (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraph 43). Furthermore, in the context of the UPR, the Human Rights Council specifically recommended to implement additional measures to achieve gender equality in all spheres, in particular in employment and decision-making (A/HRC/44/12, 18 March 2020, paragraph 156). The Committee trusts that the Government will strengthen its efforts to identify and implement effective measures to address occupational gender segregation and improve equality of opportunity and treatment for men and women in employment and occupation, including in the framework of the long-term Strategy for gender equality in the labour market. It asks the Government to provide information on the concrete measures implemented to that end, in particular by the Gender Equality Agency, as well as on any assessment made of their impact on the employment of women at all levels, including by providing any available statistical information.

Gender equality plans. Previously, 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 Committee welcomes the adoption, on 1 January 2017, of the Act (2016:828) amending the Discrimination Act (2008:567) so that all employers, despite size, have now a duty to carry out active measures, in cooperation with the employees, concerning working conditions, wages, recruitment and promotion, vocational training and the reconciliation of work and parenthood. It, however, notes the Government’s indication that a commission of inquiry has been appointed to analyse whether the current provisions regarding supervision of active measures in the Discrimination Act are appropriate for effective compliance with the Act and that it suggested a set of changes in order to achieve more effective supervision. The Government adds that these proposals have been sent for referral and the results are currently under consideration. The Committee further refers the Government to its 2021 direct request under the Equal Remuneration Convention, 1951 (No.100). The Committee asks the Government to provide information on the steps taken, including as a result of the recommendations made by the commission of inquiry and the evaluation made by the Equality Ombudsman, in order to address any deficiencies observed regarding the elaboration, implementation and evaluation of gender equality plans. It asks the Government to provide information on any concrete assistance provided by the Equality Ombudsman to that end, with a view to promoting gender equality, including by raising awareness about the Discrimination Act, as amended in 2017. The Committee further asks the Government to provide information on any recent evaluation carried out on the implementation of active measures and gender equality plans.

Equality of opportunity and treatment irrespective of race, colour and national extraction. National minorities. Roma and Sami. The Committee previously noted that: (1) the Act on National Minorities and National Minority Languages (2009:724) (hereinafter, Act on National Minorities) includes provisions seeking to improve access to education for persons speaking minority languages, in particular Jewish, Roma, Sami, Swedish Finn, and Tornedaler persons; and (2) the Government adopted in 2012 a coordinated Long-Term Strategy for Roma Inclusion 2012–32, as part of the Government’s policy on national minorities, which covers several areas among which education and employment. It notes the Government’s statement that a National Plan to Combat Racism, Similar Forms of Hostility and Hate Crimes was adopted, in November 2016, in order to prevent and combat racism and hate crimes through an integrated approach. The Committee observes that the National Plan highlights the great need for a better awareness of the Act on National Minorities. The Government adds that, as part of the National Plan, the Sami Parliament was commissioned to map racism against Sami today and to propose concrete measures.

Regarding the implementation of the Strategy for Roma Inclusion, the Committee notes the Government’s indication that the Public Employment Service and the Equality Ombudsman have undertaken several trainings and awareness-raising activities to enhance Roma inclusion. Concerning the pilot project launched in five municipalities to participate in development activities for Roma inclusion, the Committee notes the Government’s statement that in light of the positive results achieved in education, social services and employment, it was decided to reinforce and expand this initiative beyond 2019. The Committee welcomes this information. It however observes that nor the Strategy for Roma Inclusion nor the National Plan to combat racism contain clear targets and measurable outputs that would enable a concrete assessment of their implementation. The Committee notes the Government’s statement that the Equality Ombudsman carried out several activities in favour of the national minorities, including Roma and Sami, but that such activities were not specifically directed at combating discrimination in employment or occupation. The Committee however notes that, in its 2018 concluding observations, the UN Committee on the Elimination of Racial Discrimination (CERD) expressed specific concerned about: (1) continued difficulty faced by Roma in accessing education, employment, housing, health care and justice; and (2) continued reports of hate crimes and discrimination against Sami people (CERD/C/SWE/CO/22-23, 6 June 2018, paragraphs 16 and 24). Referring to its previous request regarding disaggregated statistical data, the Committee notes the Government’s statement that such information is not available as a result of its restrictive approach to collecting data on ethnic grounds, but that a Special Rapporteur was commissioned to evaluate the need for measures to improve qualitative data on Sweden’s national minorities on the basis of each minority’s circumstances and needs. The Committee asks the Government to provide information on the proactive measures implemented to ensure equality of opportunity and treatment irrespective of race, colour and national extraction for the national minorities, more particularly Roma and Sami, and enhance their equal access to education, training and employment, including in the framework of the National Plan to Combat Racism, Similar Forms of Hostility and Hate crimes and the Long-Term Strategy for Roma Inclusion 2012–32. It asks the Government to provide information on the impact of the measures implemented so far, as well as on the recommendations made by the Sami Parliament as a result of the mapping of discrimination against Sami. Recalling that appropriate data and statistics are crucial in particular to monitor and evaluate the effectiveness of the measures taken to address discrimination and make the necessary adjustments, the Committee asks the Government to provide any available statistical information, disaggregated by sex, or findings of qualitative studies on the labour market situation of the national minorities, more particularly Roma and Sami.

Afro-Swedes and persons of African descent. The Committee notes that, as highlighted in the context of the UPR, several UN treaty bodies expressed concern about reports of economic segregation and discrimination against Afro-Swedes and persons of African descent, in particular in education and employment. It further notes that the UN Working Group of Experts on People of African Descent also considered that the structural discrimination faced by Afro-Swedes and persons of African descent constitutes an extensive social problem that has not been addressed sufficiently (A/HRC/WG.6/35/SWE/2, 12 November 2019, paragraph 12; and CERD/C/SWE/CO/22-23, 6 June 2018, paragraph 22). Furthermore, in its 2021 country report on non-discrimination in Sweden, the European Commission also highlighted that the evident negative effects of discrimination on Afro-Swedes in the labour market are well-documented (p. 5). The Committee therefore asks the Government to provide information on the measures taken to prevent and address economic segregation and discrimination in employment and occupation of Afro-Swedes and persons of African descent, as well as on the results of any measures and programmes already implemented to that end. It further asks the Government to provide any available statistical information, disaggregated by sex, on the labour market situation of Afro-Swedes and persons of African descent.

Newly arrived migrants. The Committee notes that the Introduction Act (2010:197) which provided for a variety of measures to facilitate access to employment for newly arrived immigrants was replaced, in 2017, by the Act on the Responsibility for Establishment Contributions for Newly Arrived Immigrants (2017:584) (hereinafter, Act on Newly Arrived Immigrants) which introduces, inter alia, an education and job-training obligation for newly arrived immigrants. In that regard, it notes that, in its 2020 conclusions, the European Commission against Racism and Intolerance (ECRI) observed that, while the share of participants employed within three months after the completion of the Introduction Programme grew from 27 per cent in 2016 to 39 per cent in September 2018, it decreased to 33 per cent in 2019; and that evaluations of the Introduction Programme further show that women are less likely than men to have access to, and benefit from, integration measures. The Committee asks the Government to provide information on the measures taken, including in the framework of the Act on Newly Arrived Immigrants, to promote the integration into the labour market and equality of opportunity in employment and occupation of newly arrived migrants, in particular women, as well as on any assessment made of their impact. More particularly, it asks the Government to provide updated statistical information, disaggregated by sex, on the labour market situation of newly arrived migrants and the share and gender of participants to the Introduction Programme who have been effectively employed as a result of the programme.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population. The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. Referring to its previous comments, the Committee notes the Government’s indication that the number of complaints made before the Equality Ombudsman regarding working life raised gradually since 2017, passing from 240 in 2017 to 988 in 2020, and that the main grounds of discrimination between July 2017 and June 2021 were ethnicity (1,247), sex (940), age (562), disability (547), religion (234), sexual orientation (65) and transgender identity or expression (58). Observing the limited number of legal proceedings initiated and judgments issued on cases of discrimination, the Committee notes that, in its 2021 country report on non-discrimination in Sweden, the European Commission highlights that potential discrimination litigants face various obstacles such as low levels of rights awareness, trust in the legal system and experience with lawyers and the legal system; as well as limited awards if successful. In that respect, the Committee takes note of the adoption of the Law on the Human Rights Institute (SFS 2021:642) on 9 June 2021. It notes that the Institute, that will be established on 1 January 2022, will monitor, investigate and report on the situation of human rights in Sweden and submit proposals to the Government on further measures that are needed to safeguard human rights. The Committee asks the Government to continue to provide information on the number, nature and outcome of cases of discrimination in employment and occupation dealt with by the Equality Ombudsman, the labour inspectorate, the courts or any other competent authorities. It further asks the Government to provide information on: (i) any measures taken to remove any obstacles that may be faced by potential discrimination litigants; and (ii) the activities of the Human Rights Institute regarding the scope of application of the Convention.