General legal framework

AuthorJenny Julen Votinius
2 General legal framework
2.1 Constitution
2.1.1 Constitutional 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 obligat ion for public entities t o 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: ‘… u nless 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 a s such and cann ot be a g round for an individual complaint
resulting in damages.
2.1.2 Other constitutional protection of equality between men an d women
There is no other constitutional protection of equality between men and women.
2.2 Equal 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’ in Chapter 1 Section 1. Both with regard to the grounds and the areas
of society covered, the DA clearly exceeds the requirements of EU law.

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