Indicator history

Close Window

Is there a legislation penalising, or prohibiting the establishment of, organisations which promote, incite, propagate or organize racial discrimination against an individual or group of individuals? Is membership of such organisations treated as an offence under the law?

Code:
RED24
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
28/02/2012 - 14:48
Short Answer

No.

Qualitative Info

 

In the recent report from the CERD, concern was raised about the increased reports about racially motivated hate crimes and the spread of white power music and propaganda. The Committee recommended that: The State party should intensify its efforts to prevent, combat, and prosecute racially motivated offences and hate speech and to ensure that relevant criminal law provisions and existing policy directives are effectively implemented”. In addition, the Committee recommended that “. “The State party should introduce a common definition of hate crime to be used by all the authorities involved in combating such crimes.”

While noting the existence of legal provisions giving effect to article 4, and the State party’s position that its legislation meets the requirements of the Convention, the Committee remains concerned about the absence of any explicit criminal law provisions declaring illegal and prohibiting organizations promoting and inciting racial hatred. (art.4). The Committee reiterates its recommendation that the State party review its position on the prohibition of racist organizations and amend its legislation to bring it in line with article 4(b) of the Convention. The Committee is concerned that the transfer of the mandate and functions article 4 of the Convention, according to which all provisions of article 4 are of a mandatory character.


Source: The Committee on the Elimination of Racial Discrimination (CERD), Concluding observations of the Committee, CERD/C/SWE/CO/18 , 21 August 2008,   http://www2.ohchr.org/english/bodies/cerd/sessions.htm

Groups affected/interested Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Lesbian, Gay, Bisexual and Transgender, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Policing - law enforcement, Internet, Political discourse -parties - orgs, Anti-discrimination, Anti-racism, Daily life, Religion
External Url http://www2.ohchr.org/english/bodies/cescr/docs/E.C.12.SWE.CO.5.pdf
Situation(s)
The UN Committee on the Elimination of Racial Discrimination (CERD) presented its report on Sweden
Library
Thematic Study on Racist and related hate crimes in the EU - The case of Sweden