RED Network

Yes. In 2011, there were 3936 reported cases of racist and xenophobic hate crimes. 

Numbers of cases 3936 Official or estimates official

Qualitative Info

The Swedish National Council on Crime prevention (Brottsförebygganderådet, Brå) is a Government agency assigned to collect the official statistics on hate crimes in Sweden. These reports are primarily a statistical summary of the hate crimes reported to the police. The latest published report on hate crimes in Sweden (Rapport: 2012:7) by the Swedish National Council on Crime prevention concerns hate crimes during 2011. 

 

Motive	2008	2009	2010	2011
Afrophobic hate crimes	761	780	818	803
Islamophobic hate crimes	272	194	272	278
Anti-Semitic hate crimes	159	250	161	194
Anti-roma hate crimes	178	163	145	184

 

White power ideology	695	555	445	517
Racist and xenophobic hatecrimes	4224	4116	3786	3936

 

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Source: 

• The Swedish National Council for Crime Prevention, http://www.bra.se/bra/brott--statistik/statistik/hatbrott.html (Accessed 27.01.2013). 

External Url http://www.bra.se/download/18.1ff479c3135e8540b29800016186/2012_07_Hatbrott_2011_webb.pdf

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No. There are no statistics available on deaths/killings in relation to racist violence-Hate speech

Qualitative Info

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According to the Criminal Law, the Chancellor of Justice (Justitieombudsmannen, JK), received 97 reports of incitement to racial hatred in 2011 and decided to initiate investigations in 3 cases.

Numbers of cases 3 Official or estimates Official

Qualitative Info

The Chancellor of Justice (Justitieombudsmannen, JK), received 97 reports of incitement to racial hatred and decided to initiate investigations on 3 cases compared to 5 in 2010. This means that 94 cases involving complaints of hate speech were closed without an investigation. The Chancellor of Justice explains that the complaints have not been considered criminal or that the Chancellor has not been authorized to prosecute since the hate speeches have been expressed in a medium that is not covered by the Freedom of the Press or the Freedom of Expression Act.

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Source:

• The Chancellor of Justice (Justitieombudsmannen, JK), Årsredovisning 2011, p. 6, http://www.jk.se/sv-SE/Justitiekanslern/~/media/Files/arsredovisningar/arsredovisning%202011.ashx (Accessed 27.01.2013)

External Url http://www.jk.se/sv-SE/Justitiekanslern/~/media/Files/arsredovisningar/arsredovisning%202011.ashx

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In 2011, a total of 694 complaints of ethnic discrimination were received by the Equality Ombudsman. The  total complaints of dicrimination all grounds was 2353 complaints .  

Numbers of cases 2353

Qualitative Info

 

 

	2012 (first quarter)	2011	2010	2009
Ethnic discrimination	283	694	761	766

 

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Source:

• The Equality Ombudsman, Årsredovisning 2011, http://www.do.se/Documents/om-do/DOs%20%C3%A5rsredovisning%202011.pdf (Accessed 27.01.2013).
• The Equality Ombudsman, Interim Statistics 2012, http://www.do.se/Documents/om-do/halvarsstatistik-2012.pdf (Accessed 27.01.2013). 

External Url http://www.do.se/Documents/om-do/DOs%20%C3%A5rsredovisning%202011.pdf

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The number of cases where ethnic discrimination was found/established by the Equality Ombudsman was 694 cases in 2011. 

Numbers of cases 694

Qualitative Info

Complaints submitted to the Equality Ombudsman based on the ground ethnic discrimination 2009-2012

	2012 (first quarter)	2011	2010	2009
Ethnic discrimination	283	694	761	766

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Source: The Equality Ombudsman (Diskrimineringsombudsmannen), Årsredovisning 2011, http://www.do.se/sv/Material/Arsredovisning-2011/ (Accessed 27.01.2013). 

External Url http://www.do.se/sv/Material/Arsredovisning-2011/

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In 2011, the Equality Ombudsman (DO) reached 49 settlements and took 8 cases to court. 

Numbers of cases 49

Qualitative Info

 

In 2011, the Equality Ombudsman (DO) brought an action in court in 8 cases.

Furthermore,  DO reached 49 settlements compared to 38 settlements lin 2010.

In 2011, there were 13  judgments  announced in cases that DO pursued in court, seven in the Labour Court and sex in a public court. Four of the judgements  from the ordinary court were final. In addition, six judgments become final in 2011. Of these, DO won in 3 cases and lost 3 cases. 
DO  won four cases of  seven in the Labour Court and five (of which ten became final) in court. DO has thus been successful in nine cases out of seventeen. In 2010, DO won six cases out of eleven, and in 2009  three cases of twelve.

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Source:

• The Equality Ombudsman (Diskrimineringsombudsmannen, DO), Årsredovisning 2011, http://www.do.se/sv/Material/Arsredovisning-2011/ (Accessed 27.01.2013). 

Exemplary cases during 2011:

On 28 February 2012, the Equality Ombudsman reached a settlement with the National Employment Service that awarded a Muslim woman 60,000 SEK (7,064 euro) in damages. The National Employment Service referred a Muslim woman to a chef-training course that required the students to eat pork. The woman was not allowed to attend the course since the education provider could not make an exception in her case. The Equality Ombudsman determined that the National Employment Service disadvantaged the woman due to her religion.

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Source: 

• The Equality Ombudsman (Diskrimineringsombudsmannen), case no, ANM 2010/1436, available at: www.do.se/sv/Om-DO/Stamningar-och-forlikningar/Arbetsformedlingen-ANM-20101436/ (Accessed 27.01.2013). 

 

External Url http://www.do.se/sv/Material/Arsredovisning-2011/

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Although there is a deviation between earlier legal practices in combination with a lack of new practice, the Equality Ombudsman has reached settlements where up to 100 000 Euros have been awarded in compensation which is a higher level than previously.

Qualitative Info

Although there is little guidance provided from legislation regarding the amount of compensation, the Equality Ombudsman has been effective in reaching settlements by claiming compensation using the new law. The amount has been between 75 000 SEK (7500 Euros) and 300 000 SEK (30 000 Euros). This can be compared to the labor courts practice in similar cases where the range of compensation has been between 30 000 SEK (3000 Euros) and 50 000 SEK (5000 Euros). Although there is a deviation between earlier legal practices in combination with a lack of new practice, the Equality Ombudsman has reached settlements where up to 100 000 Euros have been awarded in compensation which is a higher level than previously. 

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Source:  The Equality ombudsman, http://www.do.se

External Url http://www.do.se

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There were no ECtHR cases - decisions based on art. 14 in 2011.

Numbers of cases 0

External Url http://www.echr.coe.int/NR/rdonlyres/596C7B5C-3FFB-4874-85D8-F12E8F67C136/0/TABLEAU_VIOLATIONS_EN_2011.pdf

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In 2011, the Committe for Social Rights, concluded that the situation in Sweden was not in conformity with several articles in the European Social Charter. 

Qualitative Info

 

Sweden was found to be in non-conformity with the European Social Charter regarding: 

 Article 19 - Right of migrant workers and their families to protection and assistance. Paragraph 8 - Guarantees concerning deportation. The Committee concludes that the situation in Sweden was not in conformity with the Article 19§8 of the Charter during the reference period on the ground that migrant workers expelled on account of national security have no right of appeal to an independent body. 

 

Article 19 - Right of migrant workers and their families to protection and assistance

Paragraph 10 - Equal treatment for the self-employed

 

Article 17 - Right of children and young persons to social, legal and economic protection

Paragraph 2 - Free primary and secondary education - regular attendance at school

The Committee concludes that the situation in Sweden is not in conformity with Article 17§2 of the Charter on the ground that children unlawfully present in the territory do not have effective access to education.

 

Article 7 - Right of children and young persons to protection

Paragraph 9 - Regular medical examination

The Committee concludes that the situation in Sweden is not in conformity with Article 7§9 of the Charter on the ground that a regular medical examination for all young workers is not guaranteed by legislation.

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Source: Council of Europe, The European Social Charter, http://www.coe.int/T/DGHL/Monitoring/SocialCharter/ (accessed 2012-03-12). 

External Url http://www.coe.int/T/DGHL/Monitoring/SocialCharter/

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4 cases from the European Court of Justice dealing with issues of migration, ethnic and/or religious discrimination have been reported from 2007 to 2011. 

 

Numbers of cases 4 Exemplary cases Halilova Others v. Sweden, Akhmadov and Bagurova v. Sweden, 2007-07-10, Grigorian Others v. Sweden, Decision 2007-07-05,

Qualitative Info

The following are cases from the European Court of Justice dealing with issues of migration, ethnic and/or religious discrimination. 

Halilova Others v. Sweden
(Application No. 20 283/09, decision of 13 October 2009)
Expulsion of a woman and two of her children, but not the son who was born in Sweden or the father of the child, both of whom are Swedish citizens, would cause a disruption of the family.  The Court decided to hold proceedings in those parts that related to splitting the family  and declared the remaining parts of the complaint were declared inadmissible.

Limoni Others v. Sweden
(Application No. 6576/05, Decision on 4 October 2007)
The Court ruled that the Sweden's expulsion of Roma who came originally from a village in Kosovo back to Serbia was not considered contrary to Article 3 and the complaint was therefore declared inadmissible.
 

Grigorian Others v. Sweden, Decision 2007-07-05
The rejection of a family that had been established in Sweden, but without a residence permit  would not violate Article 8 and the complaint was declared inadmissible.
 

Akhmadov and Bagurova v. Sweden, Decision 2007-07-10
The conslusion from the court was that the parties failed to prove  a real risk of treatment contrary to Article 3 if they were rejected back to their home country. The complaint was therefore explained  inadmissible.

 

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Source: The Swedish Courts (Sveriges Domstolar) http://www.domstol.se/ (accessed 2012-03-12). 

External Url http://www.domstol.se/

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