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Addressing unlawful discrimination: The Swedish Journey
Stockholm University, Faculty of Law, Department of Law.ORCID iD: 0000-0003-0777-7528
2016 (English)In: Globalization, Fragmentation, Labour and Employment Law: A Swedish Perspective / [ed] Laura Carlson, Uppsala: Iustus förlag, 2016, 1, p. 139-160Chapter in book (Other academic)
Abstract [en]

This chapter traces the journey of unlawful discrimination perceived of as a non-issue in Sweden to the current parliamentary understanding of protection against unlawful discrimination as a fundamental human right now buttressed by legal regulation. This journey has been to the greatest extent influenced by events outside of Sweden, namely the Europeanisation and internationalisation of human rights that has successively been gaining ground since World War II. Arriving at the current Swedish parliamentary perception – that protection against unlawful discrimination on the basis of sex, transgender identity and expression, ethnicity, religion or other belief, disability, sexual orientation or age, is a fundamental human right – has been neither a self-evident, nor a linear, path in Swedish law. The Swedish courts, however, cannot yet be seen as embracing this same development, rather instead invoking a more liberal analysis when deciding such claims as seen below. As evidenced by these examples, we now have the law in the books, but arguably not yet the law in action when it comes to unlawful discrimination protections. The gap between the intent of the legislator and the application of the discrimination law by the Swedish courts is the focus of this chapter, with particular attention paid to access to justice issues as one way of reducing this distance.

Place, publisher, year, edition, pages
Uppsala: Iustus förlag, 2016, 1. p. 139-160
Keywords [en]
discrimination, access to justice, Sweden
National Category
Law and Society
Research subject
Legal Science
Identifiers
URN: urn:nbn:se:su:diva-149470ISBN: 9789176789414 (print)OAI: oai:DiVA.org:su-149470DiVA, id: diva2:1161836
Available from: 2017-12-01 Created: 2017-12-01 Last updated: 2017-12-04Bibliographically approved

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CiteExportLink to record
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  • apa
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