General legal framework
Author | Jenny Julen Votinius |
Pages | 7-7 |
7
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.
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