Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Sweden (Ratification: 1962)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee previously noted that the Discrimination Act (2008:567) does not include “political opinion” and “social origin” as prohibited grounds of discrimination. Welcoming the inclusion of the ground of “transgender identity or expression” in the national hate crime legislation on 1 July 2018, the Committee notes with regret that the grounds of “political opinion” and “social origin” are still not included in the national legislation. In this regard, the Committee recalls that the Government referred in its previous report to a possible investigation to establish a comprehensive ban on discrimination with an “open list” of prohibited grounds. The Committee notes the Government’s statement in its 2017 report that there are currently no plans to review the possibility of having an “open list” of prohibited grounds of discrimination in the Discrimination Act. The Committee wishes to recall that, when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination enumerated in Article 1(1)(a) of the Convention (General Survey on the fundamental Conventions, 2012, paragraph 853). The Committee therefore asks the Government to take the necessary steps to ensure that the legislation includes an explicit prohibition of discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, in particular “political opinion” and “social origin”. It asks the Government to provide information on any progress made to that end. In the meantime, the Committee asks the Government to provide information on the steps taken to ensure protection against discrimination in employment and occupation on the grounds of “political opinion” and “social origin” in practice, as well as any relevant administrative or judicial decisions handed down in this respect.

The Committee is raising other matters in a request addressed directly to the Government.