General legal framework

• Author: Jenny Julen Votinius
• Pages: 7-7

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2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

The Instrument of Government (1974:152) Chapter 1 Section 2(5) and Chapter 2 Section

13 addresses sex discrimination.

Chapter 1 Section 2 states that it is an obligation for public entities to counteract, at all

times, all discrimination on – among other grounds – the ground of sex/gender. This is

more of a policy statement than a rule and cannot be adhered to in legal proceedings other

than as a supporting argument in a legal complaint.

Chapter 2 Section 13 states that a ‘law or other regulation may not imply negative

differential treatment on the grounds of gender.’ There is, however, also an exception for

positive action: ‘… unless this differential treatment is part of efforts to promote equality

between men and women or with regards to military or similar services’. This rule, too, is

addressing the legislator as such and cannot be a ground for an individualcomplaint

resulting in damages.

2.1.2Other constitutional protection of equality between men and women

There is no other constitutional protection of equality between men and women.

2.2Equal treatment legislation

As of 1 January 2009, there is a ‘single non-discrimination act’ in place – the Discrimination

Act (hereinafter DA) (Diskrimineringslagen (2008:567)). It covers not only sex/gender but

also ‘transgender identity or expression, ethnicity, religion or other belief, disability, sexual

orientation and age’ inChapter 1 Section 1. Both with regard to the grounds and the areas

of society covered, the DA clearly exceeds the requirements of EU law.