Implementation of central concepts

• Author: Jenny Julen Votinius
• Pages: 8-15

8

3Implementation of central concepts

3.1General (legal) context

3.1.1Surveys on the definition, implementation and limits of central concepts of gender

equality law

In 2017, the Inquiry concerning a Stronger Status and Improved Living Conditions for

Trans People delivered its report to the Government.5 The inquiry highlighted that the

current, binary definition of sex as referring to men and women could lead to difficulties

for transgender persons. The report puts forward a number of examples, such as the risk

of involuntarily getting their transidentity or trans background revealed to the public; the

fact that people who cannot or do not want to identify as a man or woman are invisible in

the statistics; and that this group does not get legal recognition because their gender

identity is not recognised by the State. The inquiry has proposed that the government

appoint an investigation to explore the possibility of introducing a third legal gender in

Sweden, including gender-neutral social security numbers. To date, the Government has

not initiated such an investigation.

3.1.2Other issues

There are no other issues to report.

3.1.3General overview of national acts

The Discrimination Act (DA) (Diskrimineringslagen (2008:567)).

3.1.4Political and societal debate and pending legislative proposals

In 2019, #metoo was still high on the agenda in political and societal debate. In addition,

the issues of men’s violence against women, and honour-based violence and oppression

have received particular attention.

There are no pending legislative proposals concerning gender equality.

3.2Sex/gender/transgender

3.2.1Definition of gender and sex

Chapter 1 Section 5(1) of the DA defines sex as the fact ‘that someone is a woman or a

man.’ In addition, it is stated –in Section 5(2) –that ‘a person who intends to change or

has changed the sex they belong to is also covered by sex as a ground of discrimination.’

3.2.2Protection of transgender, intersex and non-binary persons

Transgender, intersex and non-binary persons are protected under a special ground

covered by the DA. This ground is defined as when ‘someone does not identify herself or

himself as a woman or a man or expresses by their manner of dressing or in some other

way that they belong to another sex’, Chapter 1 Section 5(2).

Should the person consider a change of sex, Chapter 1 Section 5(2) also provides

protection. It states that ‘a person who intends to change or has changed the sex they

belong to is also covered by sex as a ground of discrimination.’

5Government Report SOU 2017:92.