Overall assessment

AuthorJenny Julen Votinius
12 Overall assessment
The following transposition problems were mentioned in this report:
1. There is no explicit reference to pregnancy and maternity i n the Discrim ination Act
(2008:567). Pregnancy discrimination falls under direct sex dis crimination, but the
legislation lacks transparency on this point.
2. A decision to interrupt a probationary e mployment does n ot have to be motivated .
In relation to pregnant employees, this means that the obligation of Article 10 of
Directive 92/85 to cite duly substantiated grounds for dismissal in writing is not
upheld in Swedish law.
3. It should be noted that the Equality Ombudsman has gradually shifted its focus away
from individual complaints towards opinion forming and communication activities,
often addressing the theme of discriminatory structures in society. Of the individual
complaints received by the authority, only a small proportion are being investigated,
and the role of the authority appears to be somewhat unclear. This could mean that
legitimate expectations of redress in individual cases are not met.
Sweden has a strong record when it com es to gender equality. In 2017, Sweden scored
the highest result for the EU-28 in the Gender Equality Index of the European Institute for
Gender Equality, ma king Sweden th e most gend er-equal society t hroughout the 10 -year
period of 2005 to 2015.74
A similar result can be found in the 2019 report of the World Bank Group, Women, Business
and the Law 2019: A Decade of Reform, comparing the legal conditions for women’s
employment and entrepreneurship in OECD countries.75 He re, Sweden was one of a total
of six countries that scored the maximum of 100 in the gender equality index.
Still, the matter of gender equality remains high on the national p olicy agenda. In 2014,
the Gender Equality Inquiry was appointed to study and evaluate g ender equality policies
2007-2014. The mission of the inquiry did not include the provisions on sex discrimination
in the Discrimination Act or the activities of the Discrimination Ombudsman in rel ation to
these provisions. In 2015, the inquiry delivered its report (Government Report SOU
2015:86).76 The report showed that gender equality had increased in several areas, while,
in other areas, more needed to be done. For instance, men's violence a gainst women has
not diminished during the investigated period, and the labour market is still largely gender-
segregated. The inquiry stressed the need for a new authority specifically addressing
gender equality, as well as new goals for gender equality policy. Followi ng the report, the
Swedish Gender Equality Agency was established in 2018.
Generally speaking, the 2008 Discrimination Act implements most of the directives
covered by this report, including the Recast Directive. Directives 92/85/EC and
2010/18/EU are mainly implemented through the Parental Leave Act. The Swedish
legislator ha s taken a rather keen interest in the implementation of Community
discrimination regulation in recent years and has even preceded EU law on occasion, such
as introducing prohibitions on discrimination in areas and on g rounds not yet covered by
EU law. The implementation of g ender law in general sufficiently meets the requirements
of Community law. This also holds true for the implementation of central concepts .
74 EIGE, Gender Equality Index 2017: Measuring gender equality in the European Union 2005-2015 Report,
available at: https://eige.europa.eu/publications/gender-equality-index-2017-measuring-gender-equality-
75 World Bank Group, Women, Business and the Law 2019: A Decade of Reform, available at:
76 Government Report 2015:86 Mål och myndighet En effektiv styrning av jämställdhetspolitiken, available at:

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT