Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/mac/TEXT/HUMANrts/SWEDEN.TXT

Text File | 1996-01-05 | 20KB | 433 lines

TITLE:  SWEDEN HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                             SWEDEN


Sweden is a constitutional monarchy and a multiparty,
parliamentary democracy.  The King is Chief of State.  The
Cabinet, headed by the Prime Minister, exercises executive
authority.  The judiciary is independent of the Government.

The Government effectively controls the police, all security
organizations, and the armed forces.

Sweden has an advanced industrial economy, mainly market-based,
and a high standard of living, with extensive social services.

Ombudsmen, appointed by the Parliament but with full autonomy,
investigate the few complaints of alleged abuses by
authorities, and prescribe corrective action if required.  The
human rights situation has continued to be favorable.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of political or other extrajudicial
killings.

     b.  Disappearance

There were no reports of disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The law prohibits these abuses, and the authorities respect
such prohibitions.  There have been occasional accusations of
excessive use of force by police in arrests, but thorough
investigations have not produced evidence of a systematic
problem.  Typically, police officers found guilty of abuse have
been suspended or otherwise disciplined.  During 1994 a few
police trainees were found unsuitable for the work and were
dismissed.

     d.  Arbitrary Arrest, Detention, or Exile

The Government carefully observes the laws protecting persons
arrested or detained.  Arrests are public and by warrant.  The
police must lodge charges within 6 hours against persons
detained for disturbing the public order or considered
dangerous, and within 12 hours against those detained on other
grounds.  The law requires arraignment within 48 hours of
arrest.  The time between arrest and the first court hearing
may be extended to 96 hours for detainees considered dangerous,
likely to destroy evidence, or likely to flee, but this occurs
very rarely.  Other than such suspects, detainees are routinely
released pending trial, although bail as such does not exist.
If a person files for bankruptcy and refuses to cooperate with
the official investigation, a court may order detention for up
to 3 months, with judicial review every 2 weeks.

The Government does not impose exile.

Convicted foreign criminals are often deported at the
conclusion of their prison terms, unless they risk execution or
other severe punishment in their home country.

     e.  Denial of Fair Public Trial

The judiciary is free of governmental interference.

The Constitution forbids deprivation of liberty without public
trial by a court of law, and the Government respects this
provision.  The accused have the right to competent counsel,
but the Government provides public defenders to indigents only
in cases where the maximum penalty could be a prison sentence
of six months or more.  Convicted persons have the right of
appeal in most instances.

There are no political prisoners.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The law limits home searches to investigations of crimes
punishable by at least 2 years' imprisonment, such as murder,
robbery, rape, arson, sabotage, counterfeiting, or treason.
The authorities respect this provision.  Normally, police must
obtain court approval for a search or wiretap; however, a
senior police officer may approve a search if time is a
critical factor or there appears to be a threat to life.  A
parliamentary committee each year reviews all monitoring of
telephones, faxes, or computers.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for freedom of speech and press, and
the Government respects these provisions.  Most newspapers and
periodicals are privately owned.  The Government subsidizes
daily newspapers, regardless of political affiliation.
Broadcasters operate under a state concession.  Until recently
the State had a monopoly over ground-based broadcasting, but
there are now a variety of commercial television channels (a
ground-based one and several via satellite or cable) and
several commercial radio stations.

The Government may censor publications containing national
security information.  A quasi-governmental body excises
graphic violence from films, television programs, and videos.

Academic freedom is fully respected.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of peaceful assembly and
association, and the Government does not restrict this.  A
police permit is required for public demonstrations, but the
authorities routinely grant this, with rare exceptions to
prevent clashes between adversarial groups.

     c.  Freedom of Religion

The Constitution provides for freedom of religion, and the
Government does not hamper the teaching or practice of any
faith.  There is a state Lutheran Church, supported by public
funds, but the Government routinely grants any request by a
taxpayer for exemption from the Church Tax.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The law provides for free movement within, from, and back to
the country, and the Government respects these rights.

Foreigners with suspected links to terrorist organizations may
be required to report regularly to police authorities, but can
travel freely; each such case must be reviewed by the courts at
least every 3 years.

The Government cooperates with the U.N. High Commissioner for
Refugees (UNHCR) and other humanitarian organizations in
assisting refugees, and does not expel those having a valid
claim to refugee status.

In 1993 the Government denied asylum to a Peruvian, and put her
on an aircraft headed for Peru even though, according to
Amnesty International (AI), she faced severe persecution there;
the aircraft made a scheduled stop in the Netherlands, and she
obtained asylum there.  AI criticized the Swedish Government
for this case in its report covering 1993.

The Government has continued to tighten its requirements for
asylum seekers to prove reasonable fear of persecution in their
homeland, although these requirements remain liberal.  One
well-known case involves a soldier from the former Yugoslavia
who said he deserted rather than carry out orders to commit
atrocities; after extensive publicity, the Government delayed
his deportation for further examination.

The Government delayed deportation of  a great many other
illegal immigrants, on humanitarian grounds in most cases.  In
April it granted a one-time amnesty covering some 22,000
illegal immigrants from Bosnia who had children of minor age
and who had been in Sweden since January 1993.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

The Constitution provides ways and means for citizens to change
the Government.  Elections to the 349-member unicameral
Parliament are held every 4 years.  Suffrage is universal for
citizens at least 18 years old, and balloting is secret.

Women participate actively in the political process and
government.  They account for 41 percent of the members of
Parliament and half of the Cabinet.  The governing Social
Democratic Party pledged to place women in half of all
political appointments, and by year's end had largely done so.

Section 4  Government Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Several private organizations actively monitor issues such as
the impact of social legislation and the condition of the
indigenous Sami population.  Official ombudsmen publicize
abuses of state authority, and initiate actions to rectify
them.  Government agencies are in close contact with a variety
of local and international groups working in Sweden and abroad
to improve human rights observance.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution provides for equal rights for all citizens,
and the Government respects this provision.

     Women

The law requires employers to treat men and women alike in
hiring, promotion, and pay.  A public official, the Equality
Ombudsman, investigates complaints of sex discrimination in the
labor market; in July she was granted authority to visit all
places of work to check on implementation of equality
measures.  Women may also pursue complaints through the
courts.  A third option, and by far the one most chosen, is to
submit the complaint to the labor union for mediation with the
employer.  Almost all gains in women's rights took place
through consensus and labor negotiations, with relatively
little resort to legislation.

Despite the available remedies, surveys show that women remain
underrepresented in higher-paying jobs, their salaries
averaging only 72 percent of men's (a decrease from a high near
80 percent only a decade ago).  Part of this decrease reflects
cuts in social-sector jobs, where women are overrepresented.
Also, under the tight economic conditions in recent years,
unions have been less willing to pursue claims of pay
discrimination.  Fewer than a dozen women in 1994 chose to seek
redress through the courts when their unions refused to take up
their complaints.  Women submit hundreds of complaints to the
Ombudsman each year (260 in 1992--latest data), but almost all
of these complaints are either resolved or dropped before the
Ombudsman takes action.

The law prohibits sexual harassment, and in this regard, too,
women may take complaints to the Equality Ombudsman, the
courts, or their unions.

Nearly 18,000 cases of assault against women over age 15 were
reported to police in 1993 (latest data), a rise of 2,000 from
1992.  Most involved spousal abuse, and in some three-quarters
of all cases the perpetrator was an acquaintance of the
victim.  Abuse of women occurs especially often within the
immigrant community.  In one controversial case, in which a
Palestinian Christian immigrant killed his daughter for
marrying a Moslem, the court convicted him of manslaughter
rather than murder because of his cultural background; but a
higher court overturned the decision, convicting the father of
murder and lengthening his sentence accordingly.

The law provides for measures to protect abused women from
having their abusers discover their whereabouts or contact
them.  In some cases the authorities have helped women obtain
new identities and homes.  In 1994 the Government provided
electronic alarms or bodyguards for women in extreme danger of
assault.  Both the national and local governments support
voluntary groups that provide shelter and other assistance to
abused women.  The authorities strive to apprehend and
prosecute abusers.  Typically, the sentence for abuse is a
prison term or psychiatric treatment.

The number of reported rapes, some 1,400 yearly, has remained
at approximately the same level since 1989.  There is no legal
differentiation between spousal and nonspousal rape.

     Children

Although indications are that child abuse is not common, the
public and the authorities are concerned by data indicating it
has been on the rise.  The number of reports of abuse of
children under the age of 15 years rose significantly in 1993
(latest data), to 3,300 from 2,700 in 1992.  To some extent
this probably reflects an increased willingness to report
abuse, but child advocates fear it largely reflects an actual
rise due to the strains imposed on families by the worsening
economic situation.

The law prohibits parents or other caretakers from abusing
children mentally or physically in any way.  Parents, teachers,
and other adults are subject to prosecution if they physically
punish a child in any way, including slapping or spanking.
Children have the right to report such abuses to the police.
The authorities respect these laws, and have prosecuted some
parents for abuses.  The usual sentence is a fine combined with
counseling and monitoring by social workers; but if the
situation warrants, children may be removed from the home and
placed in foster care.  Foster children are virtually never
allowed to be adopted, even in cases where the parents are seen
as unfit or seek no contact with the child; critics charge that
this policy places the rights of biological parents over the
needs of children for care by caring families.

The Government allocates funds to private organizations
concerned with children's rights.  In 1993 it appointed an
Ombudsman for Children.  During her first year she focused
mainly on the Government's adherence to international
agreements, and found only one case meriting criticism, that of
a 17-year-old who was given an 18-month prison term for robbery.

     Indigenous Peoples

Some 17,000 Samis (Lapps) are among Sweden's 8.5 million
inhabitants.  In 1994 a Sami parliamentary body, the
Sametinget, was formed; it is to convene four times a year, and
is to serve as a consultative body to the Government.

Also in 1994, Samis staged protest demonstrations against a
1993 law permitting others to hunt on designated reindeer
pastures, and demonstrations against a 1994 law permitting
others to fish in lakes previously reserved for Samis.

Samis also complain that in their localities they often
encounter discrimination against them in housing and
employment, and that the Government is not doing enough to
combat this.

     National/Racial/Ethnic Minorities

There continued to be scattered acts against minorities, some
involving violence.  Most involved clashes between ethnic
Swedish and non-Swedish youths.  At least a dozen immigrants
were physically assaulted, and several businesses and homes
were burned or otherwise damaged.  The Government vigorously
investigated and prosecuted such crimes, although in many
clashes between youth gangs, both sides seem to have been at
fault.  Most cases resulted in conviction and prison terms,
unless the offender was a minor.

In 1993 the Government shifted responsibility for processing
refugees to the local level, requiring every municipality to
accept a proportional number of refugees and provide for their
needs.  A few municipalities continued to refuse to do so, on
the grounds that they lack adequate resources.  By year's end
their resistance had not yet been put to a test.

     People with Disabilities

Regulations for new buildings require that they be fully
accessible to disabled persons.  However, there is no such
requirement for existing public buildings, and many are not
accessible to unaided disabled persons.  The law prohibits
discrimination against people with disabilities.  The
Government provides disabled persons with assistance aimed at
allowing them to live as normal a life as possible, preferably
outside an institutional setting.  This includes educational
assistance, such as provision of personal tutors or aides, at
all stages from pre-kindergarten day care to university
studies; assistance within the workplace, such as provision of
a personal aide or improvement of the workplace's accessibility
to wheelchairs; and provision of services such as home care or
group living.

Section 6  Worker Rights

     a.  The Right of Association

The law provides for freedom of workers to associate and to
strike.  The Government respects these provisions.  Some 87
percent of the work force belong to trade unions, including
career military personnel, police officers, and civilian
government officials.  Unions are independent of the Government
and political parties, although the largest federation of
unions has been allied for many years with the largest
political party.

Laws forbid retribution against legal strikers.  Only a few
minor strikes took place in 1994, and most of them were settled
quickly.

Unions freely affiliate internationally.

     b.  The Right to Organize and Bargain Collectively

The law provides for the right of workers to organize and to
bargain collectively.  Labor and management, each represented
by a central organization, periodicially negotiate framework
agreements which are followed by industry- and factory-level
agreements on details.

The law fully protects workers from antiunion discrimination
and provides effective mechanisms for resolving complaints.
Almost all complaints are settled informally.  If informal
discussions fail, the issue goes to a labor court, whose ruling
on it sets a precedent to be followed by other courts.  Cases
of an employer firing an employee for union activities are very
rare; in 1994 there were none.

There are no export processing zones.

     c.  Prohibition of Forced or Compulsory Labor

The law prohibits forced or compulsory labor, and the
authorities effectively enforce this ban.

     d.  Minimum Age of Employment of Children

Compulsory 9-year education ends at age 16, and full-time
employment is normally permitted at that age under supervision
of local authorities.  Employees under age 18 may work only
during daytime and under a foreman's supervision.  During
summers and other vacation periods, children as young as 13 may
be hired for part-time or light work, with no more than a 5-day
workweek.  Police and public prosecutors effectively enforce
the restrictions.

     e.  Acceptable Conditions of Work

There is no national minimum wage law.  Wages are set by
collective bargaining contracts, which usually are observed
also by nonunion establishments.  Even the lowest-paid workers
are able to maintain a decent standard of living for themselves
and their families because substantial assistance is available
from social welfare entitlements.

The standard workweek is 40 hours or less.  Overtime and rest
periods are regulated partly by law and partly by collective
bargaining agreements.  The law stipulates that for workers not
covered by a labor agreement, the limit for overtime is 200
hours a year, although exceptions may be granted for key
employees; some collective bargaining agreements put the limit
at 150 hours.  The law requires a rest period after 5 hours of
work, but does not stipulate a minimum duration; in practice it
is usually at least 30 minutes.  The law also calls for all
employees to have a minimum of 5 weeks of paid annual leave;
many labor contracts provide more.

Occupational health and safety rules are set by a
government-appointed board and monitored by trained union
stewards, safety ombudsmen, and, occasionally, government
inspectors.  The ombudsmen have the authority to stop
life-threatening activity immediately and to call in a labor
inspector.