General legal framework

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

7

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.