Compliance and enforcement aspects (horizontal provisions of all directives)

AuthorJenny Julen Votinius
11 Compliance and enforcement aspects (horizontal provisions of all
11.1 General (legal) context
11.1.1 Surveys and reports about the particular difficulties related to obtaining legal
In 2016, an inquiry on improved remedies for victims of discrimination delivered its report,
Government Report SOU 2016:87.66 The report concludes, among other things, that the
Equality Ombudsman should investigate, and strive for a settlement in, a larger n umber
of complaints than the number currently investigated.
11.1.2 Other issues related to the pursuit of a discrimination claim
There are no other issues to be reported.
11.1.3 Political and societal debate and pending legislative proposals
There are no political or societal debates, nor pending legislative prop osals, concerning
particular difficulties that victims of gender discrimination face in practice in obtaining legal
11.2 Victimisation
Discrimination Act (2008:567) (DA) Chapter 2 Sections 18-19 contains a prohibition on
reprisals applicable to working life, i.e. employers. An emplo yer may thus not subject an
employee to reprisals because the employee has:
‘1. Reported or called attention to the fact that the employer has acted contrary to
this Act, 2. Participated in an investigation under this Act, or 3. Rejected or given in
to harassment or sexual harassment on the part of the employer.’
Case law is scarce. One such case, h owever, is Labour Law 2013 No. 71 concerning a
woman who was d ismissed on the very day sh e made a complaint about sexual
harassment. Discrimination compensation was set at SEK 75 000 (app rox. EUR 7 900).
The prohibition as such seems to meet the requirements of the Recast Directive. What can
be called into question is the fact that the ban on reprisals does not meet the requirement
in Article 2.2.a of the Directive that it should be included in the very concept of
11.3 Access to courts
11.3.1 Difficulties and barriers related to access to cou rts
All parts of the Swedish court system are relevant for the 2008 DA with its broad coverage
of different areas of society.
As for the general courts, Sweden has a three-tier hierarchy: the district courts (tingsrätt),
the courts of appeal (hovrätt), and the Supreme Court (Högsta domstolen). As a general
principle it may be said that the general courts enforce civil law and criminal law
66 Government Report 2016:87 Bättre skydd mot diskriminering, available (in Swedish with English summary)

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