Country report non-discrimination : transposition and implementation at national level of Council Directives 2000/43 and 2000/78 : Sweden [2024]

To understand Swedish labour law, it is necessary to understand the dominant role of the social partners. Employees and employers are highly organised (approximately 70 % of employees and 95 % of employers). Conflicts are largely resolved through collective bargaining, while legislation plays a secondary role. The social partners were influential in slowing the development of discrimination law in relation to working life. Such laws were seen as an encroachment on their power. Sweden has a fairly comprehensive welfare state. Social and economic benefits have been formulated only to a limited extent in terms of rights giving rise to legal claims. The enforcement of individual rights, particularly by groups that are generally affected by discrimination, has not been a strong part of Swedish legal culture. Furthermore, the constitutional tradition in regard to fundamental rights has been weak. This is changing, however, due to the increasingly important role played by EU law, the European Convention on Human Rights and the Swedish Constitution. There were few direct equality law developments in 2023. However, there is concern among e.g. NGOs and others that proposals for new laws weakening the rule of law tend to be directed at those with a migrant background, and may lead to a greater risk of ethnic discrimination, for instance by the police. Note that discrimination by the police in carrying out their duties is not prohibited by the Discrimination Act.