3. The Saratoga Foundation for Women Worldwide
3
Introduction
The Author & The Sources
I was born in Sweden and lived there for 10 years (for the last 10 years I have lived in
Great Britain). My father was a Romanian refugee and my mother was a French-
Romanian immigrant. We benefited a great deal from the Swedish social system and
therefore, whilst I have attempted to maintain utter and complete impartiality
throughout this document, I can only apologies if at any point it is prejudiced or in
anyway biased towards Sweden. One of the greatest priorities at all times has been
objectivity.
Whenever a source is in Swedish, I have translated it into English for the purposes of
this document. These are not official translations, and I hold no authority to translate
any official documents other than Swedish being my mother-tongue. Although I have
attempted to balance accuracy with good English, whenever I felt something would be
lost by altering the translation to improve the quality of English, I choose rather to keep
the more accurate version. Once more, I can only apologies if this has lead to any
jarring phrases or grammatical structures.
Furthermore, each source has been selected carefully in order to ensure validity.
Whenever there is some doubt vis-à-vis a source’s credibility, I have mentioned this
in the report. A vast amount of information has come from the government and it may
be thought that these could potentially be biased; however, most of the information
from the government is statistical and in 2014, Sweden ranked 4th
world-wide on the
‘Corruption Perceptions Index’.1
The Structure
Each section of this document is intended to work independently of each other. On
occasion, the sections do reference each other, but this is only in order to point the
reader towards information that has been placed elsewhere, or if the issue at hand
(such as proving that Sweden is bound to some particular treaty) is not significant
enough to warrant a reprint. For this reason, each section also has its own
bibliography. Hopefully, this will ensure that the reader can check any source or
reference more easily. Unfortunately, this also means that some sources are
referenced many times – in particular the ‘Swedish Constitution: The Instrument of
Government.’ The sections can be read in any order.
Superscripts have been added at the end of each reference. Whenever there are
several points without a superscript, the next first superscript applies to all of them.
The superscripts are numbered and there is a corresponding number attached to
correct reference in the bibliography.
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Each section is divided into two parts: ‘De Jure’ and ‘De Facto’. The first part - ‘De
Jure’ - reviews the main laws in Sweden surrounding the particular topic of the section.
It is intended to show what the legal situation for women in Sweden is. The second
part - ‘De Facto’ – is meant to show what the actual situation is. This relies heavily on
statistical information and other reports, which are more accurate than anecdotal
evidence. The purpose is twofold: firstly, to reflect whether the legal situation
corresponds to the actual situation; and secondly, to see whether the legal situation,
which may appear good, is sufficient to protect women and allows them to prosper. As
will be seen, Sweden has many progressive laws, but reality often falls somewhat
short of their idealism.
At several points the document will compare the situation for women in Sweden with
that of men in Sweden. This is because the ‘Status of Women’ can have plural
meanings: such as the status of women in society - in which case the comparison with
men is valid - or the status of women in general – in which case the status of Swedish
society as a whole should be taken into account: i.e. women may well be equal to
men, but equality may be a poor measure if the general situation for men is also bad.
At almost no point is this the case for Sweden – but it may be the case for many other
countries with more tyrannical governments and oppressive societies.
Moreover, at some points there are country-country, Sweden-Europe, or Sweden-
World comparisons. These have been included because they have some merit in
indicating how progressive Sweden is – however they are not meant to indicate the
actual status of women. This would be a poor measure since cultural difference may
skew results (see in particular Section Nine: ‘Violence’) and as above, the status of
women abroad bears no real relevance to whether the status of women in Sweden is
good. If women everywhere were oppressed, it would not matter that they are a little
less oppressed in Sweden. It is for this reason that such comparisons have been
mostly avoided – although this is not always possible. For example, the ‘Corruption
Perceptions Index’ above.
Lastly, it is outside the scope of this document in many cases to say why a situation is
as it is. For example, many other studies have discussed why the pay gap between
men and women is so large, but the purpose of this document is just to show that it is.
It is merely a picture of Swedish society at present. On that note, it must be said that
the entire document has been created in 2015 and information herein may decrease
in validity in the future. Sources have been selected to keep a balance between the
quality of the information and how long ago it was acquired. If there is any information
from a well dated source, this has been mentioned in the text.
Bibliography for Introduction
1
Transparency International. Transparency International: What we do: Corruption by
country: Sweden: Corruption Perceptions Index (2014).
http://www.transparency.org/country/#SWE (accessed September 11, 2015).
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Education
De Jure
Chapter 1, Article 2 of the ‘Swedish Constitution: The Instrument of Government’
specifies that ‘it shall be incumbent upon the public institutions to secure the right to
[…] education.’
Chapter 2, Article 13 states:
‘No act of law or other provision may imply the unfavourable treatment of a citizen on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other analogous
official duties.’
Article 18 further stipulates: ‘all children covered by compulsory schooling shall be
entitle to a free basic education at a public school.’1
Chapter 2, Section 5 of the ‘Discrimination Act (2008:567)’ states that:
‘A natural or legal person conducting activities referred to in the Education Act
(1985:1100) or other educational activities (an education provider) may not
discriminate against any child, pupil or student participating in or applying for the
activities.’2
Furthermore, unlike previous Education Acts, the ‘Education Act (2010:800)’
defines both preschool as in ‘förskola’ and ‘förskoleklass’ as explicitly educational,3
meaning that they are certainly covered by the ‘Discrimination Act (2008:567)’.2
Hitherto, they were a grey-area between child-care and school.
Section 6 puts some minor limitation on Section 5, but none that would inhibit
access to education based on gender.3
In conclusion, boys and girls have equal legal access to school in Sweden.
De Facto
According to the World Bank, in 2013, for every 100 boys in primary and secondary
education, there were 106 girls. The three years previous to this, for every 100 boys,
there were 100 girls.4
According to the American CIA (Central Intelligence Agency), in 2015 there
were 863’000 boys to 815’000 girls in Sweden aged 0-14.5
The World Bank also states that in 2013, 1’375 girls were of Primary School
age, but did not attend primary or secondary school6
in comparison to 1’040 boys. The
figure for boys had been increasing in recent years,7
whilst the figure for girls
represents a remarkable decrease in absence – the figure being 2’109 in the previous
year (2012) and 2’546 in 2010.6
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Primary school in Sweden is compulsory, and although home schooling is
technically legal, it is very heavily regulated – requiring ‘exceptional reasons’.3
These statistics indicate that girls in Sweden were attending primary and
secondary school at similar rates to boys. Moreover, very nearly 100% of girls were
attending Primary and Secondary School.
Progression rates are also good as, according to the World Bank, the number
of girls progressing from Primary to Secondary School was consistently 100%.8
The World Bank further reports that for every 100 boys in tertiary education,
there were 156 girls. This figure is fairly consistent with previous years. 9
The World
Bank includes within tertiary-level training ‘all post-secondary education, including but
not limited to universities.’10
According to the OECD (Organisation for Economic Co-operation and
Development):
‘A higher proportion of boys (25.8%) than girls (19.3%) failed to achieve their goals in
any subject’ and ‘boys’ performance has declined more than girls’ performance,
particularly in reading.’
This indicates that girls are outperforming boys when in school.
Women also completed their tertiary qualifications at a higher rate than men.
According to the OECD:
‘Tertiary attainment rates for 25-64 year-old women are higher than those for men by
11 percentage points (41% versus 30%). The tertiary attainment rates for young
women (25-34 year-olds) are even higher with 51% of them attaining a tertiary
qualification.’11
In conclusion, it appears that women and girls in Sweden not only have equal legal
and real access to education, but in some cases may have better access than boys
and men.
Bibliography for Education
5
Central Intelligence Agency. Central Intelligence Agency: Library: Publications: The World
Factbook: Europe: Sweden. August 6, 2015. https://www.cia.gov/library/publications/the-
world-factbook/geos/sw.html (accessed August 11, 2015).
Organisation for Economic Cooperation and Development. "OECD: Countries: S-T: Sweden:
Display all by: Topic: Education: Education at a Glance 2013 - Country notes and key fact
tables: Sweden country note and key fact table." OECD. 2013.
http://www.oecd.org/edu/Sweden_EAG2013%20Country%20Note.pdf (accessed August 11,
2015).
11
Organisation for Economic Co-operation and Development. "OECD: Topics: Education:
Early childhood and schools: Latest Documents: Improving Schools in Sweden: An OECD
Perspective: report." OECD. May 4, 2015. http://www.oecd.org/edu/school/Improving-
Schools-in-Sweden.pdf (accessed August 11, 2015).
2
The Swedish Parliament. Lagboken: Lagar och förordningar: Social och familj: Jämställdhet
och diskriminering: Diskrimineringslag (2008:567).
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http://www.lagboken.se/dokument/Andrings-SFS/185117/SFS-2008_567-
Diskrimineringslag?id=27530 (accessed August 11, 2015).
1
—. Sveriges Riksdag: Documents and laws: Laws: The Instrument of Government.
November 21, 2011. http://www.riksdagen.se/en/Documents-and-laws/Laws/The-
Constitution/ (accessed August 11, 2015).
3
—. "Sveriges Riksdag: Dokument & lagar: Lagar: Svensk författningssamling: Skollag
(2010:800)." Sveriges Riksdag. http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/Skollag-2010800_sfs-2010-800/#K24 (accessed
August 11, 2015).
10
The World Bank. The World Bank: Topics: Education: Topics: Tertiary Education: Overview.
2013. http://www.worldbank.org/en/topic/tertiaryeducation/overview#1 (accessed August
11, 2015).
6
United Nations Educational, Scientific and Cultural Organization Institute for Statistics. The
World Bank: Data: Indicators: All indicators: Children out of school, primary, female.
http://data.worldbank.org/indicator/SE.PRM.UNER.FE/countries (accessed August 11,
2015).
7
—. The World Bank: Data: Indicators: All indicators: Children out of school, primary, male.
http://data.worldbank.org/indicator/SE.PRM.UNER.MA/countries (accessed August 11,
2015).
8
—. The World Bank: Data: Indicators: All indicators: Progression to secondary school,
female (%). http://data.worldbank.org/indicator/SE.SEC.PROG.FE.ZS/countries (accessed
August 11, 2015).
4
—. The World Bank: Data: Indicators: All indicators: Ration of female to male primary
enrollment. http://data.worldbank.org/indicator/SE.ENR.PRIM.FM.ZS/countries (accessed
August 11, 2015).
9
—. The World Bank: Indicators: All indicators: Ration of female to male tertiary enrollment.
http://data.worldbank.org/indicator/SE.ENR.TERT.FM.ZS/countries (accessed August 11,
2015).
Healthcare
De Jure
Chapter 1, Article 2 of the ‘Swedish Constitution: The Instrument of Government’
states that ‘it shall be incumbent upon the public institutions to secure the right to
health’.
Chapter 2, Article 13 specifies that:
‘No act of law or other provision may imply the unfavourable treatment of a citizen on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other analogous
official duties.’1
Chapter 2, Section 13, Parts 1 and 2 of the ‘Discrimination Act (2008:567)’ stipulate
that:
8. The Saratoga Foundation for Women Worldwide
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‘Discrimination is prohibited with regard to 1. health and medical care and other
medical services, and 2. […] The prohibitions applying to health and medical care and
other medical services or social services activities do not prevent women and men
being treated differently if there is a legitimate purpose and the means that are used
are appropriate and necessary to achieve that purpose.’2
Consequently, women and men in the law have the same access to both private and
public healthcare, and may only be treated differently if there is ‘legitimate purpose’,
‘to promote equality’, or reasons ‘related to compulsory military service or other
analogous official duties’.
Chapter 2, Article 22 of the ‘Swedish Constitution: The Instrument of
Government’ does not mention the right to healthcare for foreign nationals in the
Realm, but does state in Part 7 that ‘a foreign national within the Realm is equated
with a Swedish citizen in respect of […] 7. protection against unfavourable treatment
on grounds of […] gender (Articles 15 and 16)’.1
Hence male and female asylum-
seekers and immigrants have access to healthcare on the same basis as each other.
Furthermore, it appears the status of women in the law with regard to healthcare
is good.
De Facto
Whilst healthcare in Sweden is not free, according to the ‘Health Systems in Transition’
report from the European Observatory on Health Systems and Policies, ‘private
expenditures as a proportion of total expenditure on health accounted for about 17%
in 2009, where 93% were OOP [Out-of-pocket] payments.’3
Because much of the healthcare cost is public expenditure, access to
healthcare in Sweden is relatively affordable and indeed the ‘OECD Reviews of Health
Care Quality: Sweden 2013’ report begins by stating that:
‘Sweden’s generous health and long-term care systems are regarded across the
OECD as models to be emulated. Several of the indicators of health outcomes and
quality of care are better than the OECD average and citizens enjoy good access to
care’.4
According to the ‘OECD Health Statistics 2015 Frequently Requested Data’ document,
in 2013, women in Sweden at birth had a life expectancy of 83.8 years, which is 0.7
years above the OECD average. This compares to 80.2 years for men, where the
average is 77.8.5
The 2012 ‘Nation Public Health Report’ identified that ‘cancer [is] the only major
cause of death more common among women’ than men.6
However, the healthcare
quality report above also states that:
‘Five-year relative survival estimates for breast, cervical and colon cancer are for
Sweden amongst the highest in the OECD. […] The recent reform in 2011 to
institutionalise regional cancer centres will most like only enhance this performance.’4
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This suggests that women, whom cancer affects most, are not being neglected by the
healthcare system in this respect.
In 2010, according to the American CIA (Central Intelligence Agency), Sweden
reported a maternal mortality rate (the annual number of female deaths per 100’000
live birth from any cause related to or aggravated by pregnancy or its management
(excluding accidental or incidental causes)) of 4. Only Greece and Estonia performed
better.7
There are also several special provisions for women giving birth, such as the fact
that:
‘Many Swedish hospitals have adjoining ‘hotels’ where new mothers and their partners
may stay for two or three days (with all meals included) after a birth so nurses can
monitor the mothers and provide postnatal care for newborns.’8
According to the same ‘Health Systems in Transition’ report as above:
‘In the past, the Achilles’ heel of Swedish health care included long waiting times for
diagnosis and treatment and, more recently, divergence in quality of care between
regions and socioeconomic groups.’3
However, in 2015, 90% of persons saw a family doctor within 7 days, according to
Sweden’s Authorities and Regions.9
An article from the Department of Preventive Medicine and Public Health,
School of Medicine, University of Navarra shows that in 2011, 86.3% of women were
using some form of birth control.10
Lastly, the ‘Health Systems in Transition’ report also found that:
‘From an international perspective the conditions for health promotional work in the
area of sexual and reproductive health are good in Sweden. The subject has been a
compulsory part of the tutorial plan in primary school for over 50 years. Moreover,
there are more than 220 youth clinics throughout the country, offering support and
birth control, which are free of charge. […] However, since the second half of the
1990s, the number of reported cases of chlamydia infection, gonorrhoea and syphilis
increased, especially among young people. Chlamydia is the most common sexually
transmitted infection in Sweden and the number of reported cases of infection tripled
during the past 10 years (National Board of Health and Welfare, 2009a).’3
In conclusion, healthcare in Sweden is equally accessibly by men and women. It is
also easily accessible by both groups. Women requiring family planning support can
find help with ease. Various forms of contraception are readily available, including
emergency contraceptive pills, which are available over-the-counter at pharmacies
without prescription and may cost no more than 100 SEK a year for those under 25.11
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Bibliography for Healthcare
3
Anell, Anders, Anna H Glenngård, and Sherry Merkur. "Health Systems in Transition, 2012:
Sweden." Health System Review, 2012: 1-159.
Central Intelligence Agency. Central Intelligence Agency: Library: Publications: The World
Factbook: Europe: Sweden. August 6, 2015. https://www.cia.gov/library/publications/the-
world-factbook/geos/sw.html (accessed August 11, 2015).
7
—. Central Intelligence Agency: Library: Publications: The World Factbook: Guide to Country
Comparisons: People and Society: Maternal morality rate. August 6, 2015.
https://www.cia.gov/library/publications/the-world-factbook/rankorder/2223rank.html
(accessed August 12, 2015).
6
Danielsson, Maria, and Mats Talbäck. "Health in Sweden: The National Public Health Report
2012." Scandinavian Journal of Public Health, no. 40 (2012): 6-22.
10
Irala, Jokin de, Alfonson Osorlo, Silvia Carlos, and Cristina Lopez-del Burgo. "Choice of birth
control methods among European women and the role of partners and providers."
Contraception (Elsevier Inc.) 84, no. 6 (December 2011): 558-564.
11
Larsson, Margareta, Karin Eurenius, Ragnar Westerling, and Tanja Tydén. "Emergency
contraceptive pills over-the-counter: a population-based survey of young Swedish women."
Contraception (Elsevier Inc. ) 69, no. 4 (April 2004): 309-315.
5
Organisation for Economic Co-operation and Development. "OECD: Directorate for
Employment, Labour and Social Affairs: Health policies and data: OECD Health Statistics
2015: Frequently Requested Data." OECD: Directorate for Employment, Labour and Social
Affairs. July 7, 2015. http://www.oecd.org/els/health-systems/health-statistics.htm
(accessed August 12, 2015).
4
Organisation for Economic Co-operation and Development. OECD Reviews of Health Care
Quality: Sweden 2013: Raising Standards. Paris: OECD Publishing, 2013.
9
Sweden's Authorities and Regions. Väntetider i vården: Resultat: Överblick
vårdgarantiläget. May 2015. http://www.vantetider.se/Kontaktkort/Sverige/ (accessed
August 12, 2015).
8
The Swedish Institute. Sweden: 10 things that make Sweden family-friendly.
https://sweden.se/society/10-things-that-make-sweden-family-friendly/ (accessed
September 3, 2015).
2
The Swedish Parliament. Lagboken: Lagar och förordningar: Social och familj: Jämställdhet
och diskriminering: Diskrimineringslag (2008:567).
http://www.lagboken.se/dokument/Lagar-och-forordningar/185132/Diskrimineringslag-
2008_567?pageid=65041 (accessed August 12, 2015).
1
—. Sveriges Riksdag: English: Documents and laws: Laws: The Constitution: The Instrument
of Government. November 21, 2011. http://www.riksdagen.se/en/Documents-and-
laws/Laws/The-Constitution/ (accessed August 11, 2015).
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Reproduction
De Jure
Reproductive Rights is an umbrella term that covers a vast range of issues. This
section will focus on the issues that are found in Article 16, Section 1(e) of ‘The
Convention on the Elimination of All forms of Discrimination Against Women’, which
Sweden signed and ratified in 19801
:
‘1. States Parties shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in particular
shall ensure, on a basis of equality of men and women: […]
(e) The same rights to decide freely and responsibly on the number and spacing
of their children and to have access to the information, education and means to enable
them to exercise these rights;’2
Ratification, according to Article 11 of the ‘Vienna Convention on the Law of Treaties’
implies ‘the consent of a State to be bound by a treaty’. Article 14 further states that:
‘1. The consent of a State to be bound by a treaty is expressed by ratification when:
[…] (c) The representative of the State has signed the treaty subject to ratification.’ 3
Sweden ratified that treaty in 1975.4
Consequently, it is also bound to the above
convention.
‘The Abortion Law (1974:595)’ stipulates in Article 1 that:
‘If a woman requests termination of her pregnancy, an abortion may be performed if
the procedure is performed before the end of the eighteenth week of pregnancy and
it may not be assumed that it will entail serious danger to the woman’s health on
account of her having an illness. Act (1995:660)’5
In theory this should give a woman a right to abortion upon request, which would
enable her to exercise her rights above.
The status of women before the law with respect to reproduction appears good.
De Facto
In 2012, there were 20.7 abortions per 1’000 women aged 15-44 in Sweden, which is
on the same level as the previous three years.6
Furthermore, according to Gynmed
Clinic Vienna:
‘The cost [of abortion in Sweden] is almost fully covered by National Health Insurance.
[…] The fees […] range between SEK 260 and 380.’
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And that there is no disparity in the application of the law. 7
This information was valid
in January 2009. Overall, this suggests that women have easy access to abortion in
Sweden.
Because Article 16, Section 1(e) specifies ‘on a basis of equality of men and
women’ persons should have ‘access to the information, education and means to
enable them to exercise these rights’,2
this falls under the rubric of Section One:
‘Education’ in this document, as that section deals with equality in that respect.
However, a review of the quality of the sexual education in Sweden will follow here.
According to a 2011 article entitled ‘Sex education in Swedish schools as
described by young women’ published in ‘The European Journal of Contraception and
Reproductive Health Care’, women aged 13-25 in Sweden reported there was
insufficient education in Fertility (80%), Ejaculation (69%), Pregnancy (59%),
Menstruation (41%), Female genitals (53%), Male genitals (49%), Body development
(38%), Puberty (43%), Emergency contraceptives (80%), Abortion (81%), Hormonal
contraceptives (62%) and Condoms (30%) (these figures were attained by combining
those who answered there was ‘no’ education and ‘not enough’ education).8
Below is an extract from the ‘Health Systems in Transition’ report on Sweden,
which can also be found in Section Two: ‘Healthcare’.
‘From an international perspective the conditions for health promotional work in the
area of sexual and reproductive health are good in Sweden. The subject has been a
compulsory part of the tutorial plan in primary school for over 50 years. Moreover,
there are more than 220 youth clinics throughout the country, offering support and
birth control, which are free of charge. […] However, since the second half of the
1990s, the number of reported cases of chlamydia infection, gonorrhoea and syphilis
increased, especially among young people. Chlamydia is the most common sexually
transmitted infection in Sweden and the number of reported cases of infection tripled
during the past 10 years (National Board of Health and Welfare, 2009a).’9
Combining this with the information from the article on sex education in Swedish
schools above, it seems that sex education in Sweden, whilst sufficient in some
respects, could be vastly improved in particular with respect to contraception.
Sweden has a consistent birth rate of about 2 births per woman,10
which could
imply that women are able to control the amount of children they have. In conclusion,
women in Sweden have good or excellent access to the means to ‘decide freely and
responsibly on the number and spacing of their children’, but their ‘access to the
information’ could be improved.
Bibliography for Reproduction
7
Gynmed Clinic Vienna. "Abortion Clinics in Europe: Legal Situations in Europe: Countries
with easy access: Sweden." Abortion Clinics in Europe. January 2009. http://www.abortion-
clinics.eu/wp-content/uploads/2011/02/Pub_AbortionlegislationinEuropeIPPFEN_Feb2009-
76-77.pdf (accessed August 21, 2015).
9
Anell, Anders, Anna H Glenngård, and Sherry Merkur. "Health Systems in Transition, 2012:
Sweden." Health Systems Review (European Observatory on Health Systems and Policies)
14, no. 5 (2012): 1-159.
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8
Ekstrand, Maria, Camilla Engblom, Margareta Larson, and Tanja Tydén. "Sex education in
Swedish schools as described by young women." The European Journal of Contraception and
Reproductive Health Care, June 2011: 210-224.
6
Lundqvist, Ellen, and Karin Gottvall. "Socialstyrelsen: Home: Statistics: Statistics by Subject:
Abortions." Socialstyrelsen. Socialstyrelsen. 03 13, 2014.
http://www.socialstyrelsen.se/SiteCollectionDocuments/statistik-aborter-2012.pdf
(accessed August 12, 2015).
5
The Swedish Parliament. Sveriges Riksdag: Dokument & lagar: Lagar: Svensk
författningssamling: Abortlag (1974:595). http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/Abortlag-1974595_sfs-1974-595/ (accessed August
19, 2015).
2
The United Nations. "United Nations: United Nations Treaty Collection: Databases: MTDSG:
Certified True Copies: Chapter IV: Convention on the Elimination of All Forms of
Discrimination against Women." United Nations Treaty Collection.
https://treaties.un.org/doc/Treaties/1981/09/19810903%2005-18%20AM/Ch_IV_8p.pdf
(accessed August 19, 2015).
3
—. "United Nations: United Nations Treaty Collection: Databases: MTDSG: Certified True
Copies: Chapter XXIII: Vienna Convention on the Law of Treaties." United Nations Treaty
Collection. https://treaties.un.org/doc/Treaties/1980/01/19800127%2000-
52%20AM/Ch_XXIII_01.pdf (accessed August 19, 2015).
1
—. United Nations: United Nations Treaty Collection: Databases: MTDSG: Status of Treaties:
Chapter IV: Convention on the Elimination of All Forms of Discrimination against Women.
https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-
8&chapter=4&lang=en (accessed August 19, 2015).
4
—. United Nations: United Nations Treaty Collection: Databases: MTDSG: Status of Treaties:
Chapter XXIII: Vienna Convention on the Law of Treaties. Vienna, 23 May 1969.
https://treaties.un.org/pages/ViewDetailsIII.aspx?src=TREATY&mtdsg_no=XXIII-
1&chapter=23&Temp=mtdsg3&lang=en (accessed August 19, 2015).
10
The World Bank. "The World Bank: Data: Indicator: Fertility rate, total (births per
woman)." The World Bank. http://data.worldbank.org/indicator/SP.DYN.TFRT.IN (accessed
August 19, 2015).
Dowry & Marriage
De Jure
Article 16 of the ‘Convention on the Elimination of All Forms of Discrimination Against
Women’, by which Sweden is bound (see Section Three: ‘Reproduction’) stipulates:
‘States Parties shall take all appropriate measures to eliminate discrimination against
women in all matters relating to marriage and family relations and in particular shall
ensure, on a basis of equality of men and women:
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(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only
with their free and full consent;
(c) The same rights and responsibilities during marriage and at its dissolution;
[…]
(g) The same personal rights as husband and wife, including the right to choose
a family name, a profession and an occupation;
(h) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment and disposition of property, whether free of
charge or for a valuable consideration.’1
The ‘Act (2009:253) to Amend the Marriage Code (1987:230)’ rewrote ‘The Marriage
Code (1987:230)’ in a gender-neutral manner thus guaranteeing both equality in
marriage for men and women, as well as legalising homosexual marriage.2
Chapter 1, Section 3 of ‘The Marriage Code (1987:230) states that ‘each
spouse reigns over their own property and is responsible for their own debts.’
Section 2 states that ‘marriages dissolve by death of a spouse or divorce.’
Chapter 5, Section 2 states: ‘If only one spouse desires that the marriage be
dissolved, that spouse is only entitled to divorce after a reflection period.’ This
reflection period begins upon the request for divorce and lasts six months, after which
they may be divorced.
Section 5 stipulates: ‘a spouse has the right to divorce without a preceding
reflection period if it likely that the spouse has been forced into marriage,’.
Chapter 6, Section 1 further states that: ‘the spouses must, each according to
their ability, contribute to the maintenance needed for their joint and personal needs.’
Section 2 adds that: ‘if one spouse’s contribution is insufficient for the spouse’s
personal needs or for the maintenance of the family, the other spouse shall provide
the required funding. According to lagen.nu (a bank of Swedish laws), ‘this provision
is an expression of the legislator’s view that spouses should live under the same
economic standard.’
Section 7, Paragraph 2 states that:
‘If one spouse has difficulties providing for themselves after a long-lasting marriage
has been dissolved, or there are other special reasons, that spouse is entitled to
maintenance from the other spouse for a period longer than that specified in the
second paragraph. […] (SFS 1998: 619)’
Chapter 7 deals extensively with property, namely what is private and what is marital
property. This is, of course, gender-neutral. Section 5 of that chapter states that: ‘a
spouse may not, without the other spouse’s consent: [...] 2. Dispose of, pledge, rent
or otherwise in usufruct lease other property that constitutes their joint residence, or
3. Dispose of or pledge their joint household goods,’.3
In conclusion, because there is no distinction between spouses of the same or
differing sex, legal equality in marriage is guaranteed. The selected and extracted laws
above further demonstrate various rights held by both spouses and are intended to
indicate the protection each spouse has in marriage and divorce. Much of the law after
Chapter 7 deals with property division. Since there is no distinction between the
spouses, these provision bear no relevance on the status of women in particular and
15. The Saratoga Foundation for Women Worldwide
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so have been omitted from the current document. Some of the above laws have been
included even though there is no distinction between spouses since they may
intuitively apply more to women than men; e.g. Chapter 5, Section 5.
De Facto
According to a self-described ‘Swedish Dictionary: ‘Juridik’ Section: Appendices’:
‘In Sweden dowry has no likeness to the recently debated custom in India where the
dowry is paid by the bride’s family to that of the groom. The only remote similarity is
that the family of the bride is (was) expected to pay the wedding costs.’
Whilst the dictionary offers no citation and no evidence for this statement, it may have
some credibility by virtue of being part of the ‘ancestry.com community’.4
In reality little other than anecdotal evidence exists regarding the use of dowry
in Sweden.
An article from the University of Texas at Austin contains the following extract:
‘Women interviewed in No Beginning, No End have some interesting recounts of how
they, and others, have been treated by Saami men. Paltto says that she has been in
situations where men won’t talk to her because she is married, and writer Inga Juuso
says men have looked down upon her for being divorced, because divorce is only now
becoming more common among the Saami (Helander and Kailo, 142).’5
Though the reference in the quotation does exist, in the creation of this document it
has not been possible to confirm its contents. However, the extract has been included
nevertheless because of its provenience. This suggests that there is at least one group
where women face some issues in marriage – namely the Sámi people.
According to an account from Professor of Religious Studies Anne Sofie Roald
of the Chr. Michelsen Institute in Bergen, Norway, in Chapter 5 ‘Multiculturalism and
Religious Legislation in Sweden’ of ‘Muslim Diaspora in the West: Negotiating Gender,
Home and Belonging’:
‘In [her] discussion with Islamic leaders in Sweden, they explained that one of the main
reasons that a Scandinavian divorce does not automatically become an Islamic
divorce is the matter of the dowry.’
This suggests firstly that dowry does exist in other communities (such as Islamic ones)
in Sweden and also that legal divorce is not always sufficient for a woman of a certain
community to be fully divorced.
Roald further reports that:
‘As each individual’s equal right before the law is the rule in Swedish secular
legislation, some Muslim women living in Western countries plead for a divorce at the
national court and use these divorce paper to try and obtain an Islamic divorce.
However, if the husband has not signed the state’s divorce documents and refuses to
accept the divorce, the result would be a woman living in a ‘limping marriage,’ i.e.,
16. The Saratoga Foundation for Women Worldwide
16
divorced according to the non-Muslim state system and married according to the
Islamic system’6
It is therefore evident that whilst legal protection exists for women in marriage and
divorce, at a community level, the reality is that some women may face hardships.
In 2013, Sweden had the fourth highest rate of divorce in Europe, suggesting
divorce is possible for many who choose it.7
Once more, evidence for and against this is anecdotal and ipso facto not as
valid as more scientific facts. Arguably, Sweden is therefore failing women by not
collecting and evaluating more comprehensive information on the praxis of marriage
and dowry in the country.
Bibliography for Dowry & Marriage
5
Andrews, Sarah. University of Texas at Austin: Sámi kultuvra: Scientific Knowledge: History:
Women in Saami Society. https://www.utexas.edu/courses/sami/dieda/hist/women.htm
(accessed August 29, 2015).
7
Eurostat. "Eurostat: Statistics Explained: Population and Social Conditions: Population:
Marriage and Divorces: Marriages and divorce statistics." Eurostat: Statistics Explained.
2013. http://ec.europa.eu/eurostat/statistics-
explained/index.php/File:Crude_divorce_rate,_selected_years,_1960%E2%80%932013_(%C
2%B9)_(per_1_000_inhabitants)_YB15.png (accessed August 29, 2015).
4
Haeffner, F. SweGGate: Sweden Genealogical Gate: Dictionaries & Encyclopedias: General:
Legal System: Special Legal Topics. 05 04, 2005.
http://www.rootsweb.ancestry.com/~swewgw/Fact/Dict/facdic_jur_app01.htm (accessed
August 26, 2015).
2
Population Europe Resource Finder & Archive. Population Europe Resource Finder &
Archive: Menu: Policy: Family: Search our archive for this content: Act (2009:253) to amend
the marriage code (1987:230). http://www.perfar.eu/policies/act-2009253-amend-
marriage-code-1987230 (accessed August 27, 2015).
6
Roald, Anne Sofie. "Multiculturalism and Religious Legislation in Sweden." In Muslim
Diaspora in the West: Negotiating Gender, Home and Belonging, by Halleh Ghorashi, et al.,
edited by Haideh Moghissi and Halleh Ghorashi. Farnham: Ashgate Publishing, 2012.
3
The Swedish Parliament. Lagboken: Lagar Och Förordningar: Social och Familj: Äktenskap:
Äktenskapbalk (1987:230). http://www.lagboken.se/dokument/Lagar-och-
forordningar/2065/Aktenskapsbalk-1987_230?pageid=65049 (accessed August 27, 2015).
1
The United Nations. United Nations: United Nations Treaty Collection: Databases: MTDSG:
Certified True Copies: Chapter IV: Convention on the Elimination of All Forms of
Discrimination against Women.
https://treaties.un.org/doc/Treaties/1981/09/19810903%2005-18%20AM/Ch_IV_8p.pdf
(accessed August 19, 2015).
17. The Saratoga Foundation for Women Worldwide
17
Cultural, Tribal, and Religious
Restrictions
De Jure
The final paragraph of Chapter 1, Article 2 of the ‘Swedish Constitution: The
Instrument of Government’ states that:
‘The opportunities of the Sami people and ethnic, linguistic and religious minorities to
preserve and develop a cultural and social life of their own shall be promoted.’
Chapter 2, Article 12 stipulates:
‘No act of law or other provision may imply the unfavourable treatment of anyone
because they belong to a minority group by reason of ethnic origin, colour, or other
similar circumstances or on account of their sexual orientation.’
And Article 13 continues:
‘No act of law or other provision may imply the unfavourable treatment of anyone on
grounds of gender unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other equivalent
official duties.’1
These provisions indicate that there is no legal basis for cultural, tribal, or religious
restrictions on women in Sweden with the exception of ‘military conscription or other
equivalent official duties’. Whilst the cultural life of certain groups ‘shall be promoted’,
‘no act of law or other provision’ may enforce legal boundaries on a woman who is a
member of a group that would restrict her or otherwise.
De Facto
The previous section, Section Four: ‘Dowry & Marriage’ has already demonstrated
how some Islamic and Sámi communities may be restricting women in Sweden.
According to a WIN/GIA and a Gallup poll respectively, in 2012, only 29% of
Swedes considered themselves ‘a religious person’ (the fifth lowest in the world)2
and
in 2008, only 17% thought ‘religion is an important part of [their] daily life’.3
This
suggests that the power of religion to restrict women in Sweden is minimal.
Professor of Sociology Philip Zuckerman at Pitzer College in Claremont,
California confirmed this in his 2008 book ‘Society Without God’ in which he writes: ‘I
spent a year scratching, I scratched and I scratched and I scratched. And what I found
18. The Saratoga Foundation for Women Worldwide
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was that religion wasn’t really so much a private, personal issue, but rather, a non-
issue.’4
(emphasis his, originally italics).
Since 2000, Sweden no longer has a state religion.5
The largest religion in Sweden is the Church of Sweden, which claims an official
membership rate of 64.6% of the population.6
However, according The Swedish
Institute it ‘has often accompanied liberal social change rather than obstructing it.’
Furthermore:
‘In 2014, Antje Jackelén became the first woman to hold the post of the Archbishop of
Uppsala, who is the chief representative of the Church of Sweden both nationally and
internationally.’
And,
‘Today 45 per cent of priests are women, and women make up the majority of those
studying to become priests.’ 7
Though they cite no references, the Swedish Institute is arguably a credible source as
a government body and this would suggest the major religion in Sweden is largely not
restrictive towards women.
Female Genital Mutilation (FGM) is totally forbidden under Swedish law, even
if committed abroad.8
Yet in 2014, 60 cases of FGM were discovered amongst primary
school girls in Norrköping, for example.9
Data collection about religious restriction on women is very difficult in Sweden,
as an undercover report by SVT (Swedish Television) discovered:
‘Uppdrag granskning (Assignment Investigate), the investigative current affairs
program of Swedish television (SVT), went undercover with hidden camera to
mosques around the country to find out what the real situation was. Equipped with a
hidden camera and a list of four identical questions, our associates sought out
Sweden’s most influential mosques and their representatives.’
They discovered a number of discrepancies between the public communications of
religious leaders in Swedish mosques who ‘are very careful to maintain that men and
women have equal standing’ and the reality of the advice given inside the mosques.
For example, the Family Counsellor at ‘One of Sweden’s most respected, and
well-frequented, mosques’ said that ‘a wife should never deny her husband sex, not
even if he has beaten her, or has taken another wife.’9
Furthermore, the Huffington Post reported a case of abuse in 2013:
‘The pregnant victim told Sveriges Television [SVT] that her headscarf was torn off
and her head was slammed against a car as her assailant verbally abused her with
racial slurs, causing her to pass out.’11
Though this appears to be an islamophobic hate-crime, the failure of the culprit to allow
the woman to dress as she presumably pleased, may be indicative of a wider cultural
issue in Sweden.
19. The Saratoga Foundation for Women Worldwide
19
A further issue for some women is Christianity. An article from the University of
Texas at Austin states that:
‘Though Lukkari argues that Saami women have power, this is not the consensus
among other female Saamis interviewed in No Beginning, No End: The Sami Speak
Up. Many believe that Saami women are oppressed because of Christian influence in
Samiland. Kirsti Paltto says that Christianity has made women easy to subjugate
because it teaches that women should be men’s servants (Helander and Kailo, 29).’12
Though the reference exists, whilst creating this document it has not been possible to
confirm its contents, or the accuracy of the above statement. However, the extract has
been included nevertheless because of its provenience.
Furthermore, according to Statistics Sweden, in the year 2012-2013, many
more women than men refrained from going out: 17.1% of women aged 16+ refrained,
compared to only 4.3% of men.13
This may indicate a large scale problem in Swedish
culture.
Clearly, whilst there is legal protection from religious and cultural restrictions in
Sweden, this is not always the case in praxis. Because the abuse is not as public as
it may be in some other countries, the exact extent of it cannot be defined, but its
existence is well documented from a myriad of independent cases. This section has
focused on the Church of Sweden, because it is the largest religion in Sweden, and
Islam, since there are fewer publically available reports of abuse against women from
other religions, though as has been seen, this may not reflect the truth of the matter.
Too little information exists to make an accurate judgment about the reality for women
in Sweden, and this might be seen as a failure on the part of the country to ensure
their protection.
Bibliography for Cultural, Tribal, and Religious Restrictions
12
Andrews, Sarah. University of Texas at Austin: Sámi kultuvra: Scientific Knowledge: History:
Women in Saami Society. https://www.utexas.edu/courses/sami/dieda/hist/women.htm
(accessed August 29, 2015).
3
Crabtree, Steve, and Brett Pelham. "Gallup: World: What Alabamians and Iranians Have in
Common: A Global Perspective on Americans' Religiosity Offers a Few Surprises." Gallup.
Gallup. February 9, 2009. http://www.gallup.com/poll/114211/Alabamians-Iranians-
Common.aspx?utm_source=sweden%20religion&utm_medium=search&utm_campaign=tile
s (accessed August 29, 2015).
11
Hafiz, Yasmine. The Huffington Post (US): Archive: 2013: August: August 20: 'Hijab Outcry'
In Sweden To Protest Violence Against Muslim Women. August 21, 2013.
http://www.huffingtonpost.com/2013/08/20/hijab-outcry-sweden_n_3785356.html
(accessed August 29, 2015).
5
Olsen, Ted. Swedish Church State Separate: Official Run Ends After Nearly 500 Years:
Medlemmar i Svenska kyrkan i förhållande till folkmängd den 31.12.2014 per församling,
kommun och län samt riket. January 1, 2000.
http://www.christianitytoday.com/ct/2000/januaryweb-only/11.0.html (accessed August
29, 2015).
20. The Saratoga Foundation for Women Worldwide
20
9
Radio Sweden. Radio Sweden: News in English: News Archive: Support being given to
schoolkid sufferers of genital mutilation. June 24, 2014.
http://sverigesradio.se/sida/artikel.aspx?programid=2054&artikel=5897875 (accessed
August 29, 2015).
13
Statistics Sweden. "Statistics Sweden: Finding Statistics: Living Conditions: Living
Conditions: Living Conditions Surveys (ULF/SILC): Security: Security and safety by indicator,
age and sex. Percentage and estimated numbers in thousands. Year 2008-2009 - 2012-2013:
Proportion of persons in percent: Refrained from going out: total 16+ years: Men + women:
2012-2013." Statistics Sweden.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__LE__LE0101__LE0101T/LE010
1T01/table/tableViewLayout1/?rxid=7c23f9c9-efec-407b-b495-7303ed246f9f (accessed
September 9, 2015).
6
The Church of Sweden. "Svenska Kyrkan: Om Oss: Om Svenska Kyrkan: Kyrkan i Siffror."
Svenska Kyrkan. 2014. http://www.svenskakyrkan.se/statistik (accessed August 29, 2015).
7
The Swedish Institute. Sweden: Society: 10 Fundamentals of Religion in Sweden. August 28,
2015. https://sweden.se/society/10-fundamentals-of-religion-in-sweden/ (accessed August
29, 2015).
1
The Swedish Parliament. "Sveriges Riksdag: Documents and laws: Laws: The Constitution:
The Instrument of Government." Sveriges Riksdag. November 21, 2011.
http://www.riksdagen.se/en/Documents-and-laws/Laws/The-Constitution/ (accessed
August 29, 2015).
8
—. "Sveriges Riksdag: Dokument & lagar: Lagar: Svensk författningssamling: Lag (1982:316)
med förbud mot könsstympning av kvinnor." Sveriges Riksdag.
http://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Lag-
1982316-med-forbud-mot-_sfs-1982-316/ (accessed August 29, 2015).
2
Worldwide Independent Network/Gallup International Association. "WIN: Worldwide
Independent Network of Market Research/Gallup International: News: WIN-Gallup
International ‘Religiosity and Atheism Index’ reveals atheists are a small minority in the early
years of 21st century." WIN: Worldwide Independent Network of Market Research/Gallup
International. 2012. http://www.wingia.com/web/files/news/14/file/14.pdf (accessed
August 29, 2015).
10
Yllner, Nadja. Uppdrag Granskning: Undercover report: Muslim leaders urges women to
total submission. May 16, 2012. http://www.svt.se/ug/undercover-report-muslim-leaders-
urges-women-to-total-submission (accessed August 29, 2015).
4
Zuckerman, Philip. Society Without God: What the Least Religious Nations Can Tell Us
About Contentment. London: New York University Press, 2008.
21. The Saratoga Foundation for Women Worldwide
21
Property, Contracts, Custody,
and Caste Restrictions
De Jure
Chapter 2, Article 13 of the ‘Swedish Constitution: The Instrument of Government’
states that:
‘No act of law or other provision may imply the unfavorable treatment of anyone on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other equivalent
official duties.’1
Article 15, Paragraph 2 of the ‘Convention on the Elimination of All Forms of
Discrimination Against Women’, by which Sweden is bound (see Section Three:
‘Reproduction’) stipulates:
‘States Parties shall accord to women, in civil matters, a legal capacity identical to that
of men and the same opportunities to exercise that capacity. In particular, they shall
give women equal rights to conclude contracts and to administer property and shall
treat them equally in all stages of procedure in courts and tribunals.’2
The ‘Act (2009:253) to Amend the Marriage Code (1987:230)’ rewrote ‘The Marriage
Code (1987:230)’ in a gender-neutral manner thus guaranteeing equal property rights
for men and women in marriage.3
Article 18 of the ‘Swedish Constitution: The Instrument of Government’ states that:
‘The property of every individual shall be so guaranteed that no one may be compelled
by expropriation or other such disposition to surrender property to the public
institutions or to a private subject, or tolerate restriction by the public institutions of the
use of land or buildings, other than where necessary to satisfy pressing public
interests,’1
Paragraph 1 of Article 1 of ‘Protocol 1 to the Convention for the Protection of Human
Rights and Fundamental Freedoms’ further adds that:
‘Every natural or legal person is entitled to the peaceful enjoyment of his possessions.
No one shall be deprived of his possessions except in the public interest and subject
to the conditions provided for by law and by the general principles of international law.’4
Sweden is a party to the protocol5
as well as being bound by it in Article 19 of the
‘Swedish Constitution: The Instrument of Government’.1
22. The Saratoga Foundation for Women Worldwide
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Sweden’s ‘Inheritance Code (1958:637)’ does not give any preference in
inheritance based on gender.6
‘The Parental Code’, Chapter 6, Article 2, Part A states:
‘The child's best interest must be essential to any decision on custody, residence and
access.
In assessing what is best for the child, particular importance shall be attached to
- the risk to the child or another family member being subjected to abuse or that the
child is wrongfully abducted or held, or otherwise mistreated, and
- the child's need of close and good contact with both parents.
The child's wishes shall be taken into account with regard to the child's age and
maturity. (SFS 2006:458).’
Article 3 also states that:
‘The child is from birth under the custody of both parents if they are married to each
other, and else of the mother alone.’7
Overall these laws imply equal rights for men and women to own property, inherit, and
conclude contracts in Sweden. Whilst parents may not necessarily have equal custody
of children, there may not be discrimination based on gender when custody is decided
in court. Under Article 3 above, women arguably have easier access to custody that
some men.
The Constitution further implies that there can be no legal restriction on a
woman leaving the house unaccompanied by a man and there may be no sexual caste
system, since this would be a restriction grounded on her gender.
De Facto
According to Statistics Sweden, in 2007 women owned 43% of the net wealth in
Sweden (men, conversely, own 57%, meaning women only had 75% of men’s net
wealth). No single category is the cause of the disparity and indeed the only assets
women had a greater share in than men was ‘Tenant-owned dwelling’ (52:48) and
interest funds (54:46).
Whilst women had fewer debts (44:56) overall, they had more study loans
(59:41) – this may be explained by Section One: ‘Education’.
The most disparate category was farm property, where women only owned
28% of the total assets. 8
There may be many reasons why these differences in wealth exist in Sweden,
but it is out of the scope of this document to investigate them – the fact remains that
whilst women and men have equal legal access to property, assets, and debt in
Sweden, they do not possess these on an equal basis.
However, in 2007 the share of the assets owned by women was more spread
out among women that among men; i.e. there were more women with fewer assets
then men with fewer assets.9
None of these statistics were available after 2007 whilst creating this document.
23. The Saratoga Foundation for Women Worldwide
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Whilst no direct statistic can be found to demonstrate that women sign contracts
on an equal basis as men in Sweden, the quantity of women owning assets and debt
may indicate that they have the legal power to.
93.2% of children aged 1-17 in 2013 in Sweden were under joint custody of
both parents – whether biological or not, including homosexual relationships.10
Mothers had sole custody of 6.1% of children aged 1-17 in 2013 in Sweden, whilst
fathers only had sole custody of 0.7%.11
This indicates women do have access to child
custody, and possibly better access than men.
No evidence can be found for any wide spread caste system or restrictions on
women leaving the house. However, as Section Five: ‘Cultural, Tribal, and Religious
Restrictions’ has demonstrated, the absence of evidence does not conclusively mean
that women are not being restricted – for example, as that section shows, a
considerable amount of women refrain from leaving the house. Parts of certain
communities may be privately restricting women from leaving the home or be keeping
them in a caste system, although there is no good evidence for this.
In conclusion, whilst there is good legal right for women to own property on the
same basis as men, in reality they own less. This may be a reflection on working-
habits and other cultural influences, but overall women do not in reality have the same
net wealth as men and their status is arguably somewhat diminished thereby.
However, it might also be argued that the lack of super wealthy women – the area in
which there are more men than women – is not necessarily a critical issue for women’s
rights, as many women, more than men, enjoy a sufficient standard of living.
Bibliography for Property, Contracts, Custody, and Caste Restrictions
3
Population Europe Resource Finder & Archive. Population Europe Resource Finder &
Archive: Menu: Policy: Family: Search our archive for this content: Act (2009:253) to amend
the marriage code (1987:230). http://www.perfar.eu/policies/act-2009253-amend-
marriage-code-1987230 (accessed August 27, 2015).
9
Statistics Sweden. Statistics Sweden: Finding Statistics: Household Finances: Income and
income distribution: Hoseholds' assets and debts: Financial assets for women and men in
different intervals 2007. Number of persons, mean value and sum. 2007.
http://www.scb.se/en_/Finding-statistics/Statistics-by-subject-area/Household-
finances/Income-and-income-distribution/Households-assets-and-debts/Aktuell-
Pong/2007A01K/Financial-assets-for-women-and-men-in-different-intervals-2007-Number-
of-persons-mean-value-and-sum/ (accessed September 1, 2015).
8
—. Statistics Sweden: Finding Statistics: Household Finances: Income and income
distribution: Households' assets and debts: Assets and debts for women and men 2007
(Corrected 2010-03-22). March 03, 2010. http://www.scb.se/en_/Finding-
statistics/Statistics-by-subject-area/Household-finances/Income-and-income-
distribution/Households-assets-and-debts/Aktuell-Pong/2007A01K/Assets-and-debts-for-
women-and-men-2007-Corrected-2010-03-22/ (accessed September 1, 2015).
10
—. Statistics Sweden: Finding Statistics: Living Conditions: Living Conditions: Children and
their Families: Joint and Sole Custody: Joint and sole custody of children and young persons
1-17 years by sex, age, caregiver, type of family (parents´ civil status/parenthood) and
Swedish/foreign background. Year 2000 - 2013 [10/6/2014]: Percentage: Boys and Girls: 1-
24. The Saratoga Foundation for Women Worldwide
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17 years: Joint Custody - biological parents + joint custody - other than biological parents:
total, type of family: All: 2013 . June 10, 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__LE__LE0102__LE0102D/Vard
nad/table/tableViewLayout1/?rxid=e02d88e0-641b-4393-a0a1-d5bddfbe6c04 (accessed
September 1, 2015).
11
—. Statistics Sweden: Finding Statistics: Living Conditions: Living Conditions: Children and
their Families: Joint and Sole Custody: Joint and sole custody of children and young persons
1-17 years by sex, age, caregiver, type of family (parents´ civil status/parenthood) and
Swedish/foreign background. Year 2000 - 2013 [10/6/2014]: Percentage: Boys and Girls: 1-
17 years: Sole custody - biological mother + sole custody - biological father: total, type of
family: All: 2013. June 10, 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__LE__LE0102__LE0102D/Vard
nad/table/tableViewLayout1/?rxid=e02d88e0-641b-4393-a0a1-d5bddfbe6c04 (accessed
September 01, 2015).
4
The Council of Europe. Council of Europe: Explore: Treaty Office: Treaties of the Council of
Europe: Full List: Protocol to the Convention for the Protection of Human Rights and
Fundamental Freedoms: Chart of signatures and ratifications. August 31, 2015.
http://conventions.coe.int/Treaty/Commun/ListeTableauCourt.asp?CL=ENG&MA=3
(accessed August 31, 2015).
5
—. Council of Europe: Explore: Treaty Office: Treaties of the Council of Europe: Full List:
Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms:
Full Text in Html Format. http://conventions.coe.int/Treaty/EN/Treaties/Html/009.htm
(accessed August 31, 2015).
6
The Swedish Parliament. Lagboken: Lagar och förordningar: Social och familj: Arv och
testamente: Ärvdabalk (1958:637). http://www.lagboken.se/dokument/Lagar-och-
forordningar/1099/Arvdabalk-
strong1958strong_strong637strong?pageid=65057&search=SFS%201958:637 (accessed
August 31, 2015).
7
—. Lagboken: Lagar och förordningar: Social och familj: Föräldrarätt: Föräldrabalk
(1949:381). http://www.lagboken.se/dokument/Lagar-och-forordningar/1024/Foraldrabalk-
1949_381?pageid=65053 (accessed August 31, 2015).
1
—. Sveriges Riksdag: Documents and laws: Laws: The Constitution: The Instrument of
Government. November 21, 2011. http://www.riksdagen.se/en/Documents-and-
laws/Laws/The-Constitution/ (accessed August 11, 2015).
The United Nations. "United Nations: United Nations Treaty Collection: Databases: MTDSG:
2
Certified True Copies: Chapter IV: Convention on the Elimination of All Forms of
Discrimination against Women." United Nations Treaty Collection.
https://treaties.un.org/doc/Treaties/1981/09/19810903%2005-18%20AM/Ch_IV_8p.pdf
(accessed August 19, 2015).
25. The Saratoga Foundation for Women Worldwide
25
Politics
De Jure
Chapter 1, Article 1 of the ‘Swedish Constitution: The Instrument of Government’
states that:
‘Swedish democracy is founded on the free formation of opinion and on universal and
equal suffrage.’
Chapter 2, Article 1 add:
‘Everyone shall be guaranteed the following rights and freedoms in his or her relations
with the public institutions: […] Freedom of expression […] freedom to demonstrate
[…] freedom of assembly […] freedom of association’.
Chapter 3, Article 4 continues:
‘Every Swedish citizen who is currently domiciled within the Realm or who has ever
been domiciled within the Realm, and who has reached the age of eighteen, is entitled
to vote in an election to the Riksdag.
Only a person who is entitled to vote may be a member or alternate member of
the Riksdag’.
And Chapter 2, Article 13 stipulates that:
‘No act of law or other provision may imply the unfavourable treatment of anyone on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other equivalent
official duties.’1
These laws suggest that men and women have equal legal right to participate in
politics, whether by voting or standing in an election, or by in any way protesting,
demonstrating, or supporting the actions of a government in-between or during
elections.
De Facto
According to Statistics Sweden, in the 2014 elections for the European Parliament,
51.4% of eligible women voted in comparison to 50.7% of men.2
Whilst fewer women
than men were nominated for the European Parliament (175:201), more women than
men were elected (11:9).3
In the 2014 parliamentary elections, 86.4% of eligible women voted, which is
more than the 85.2% of men. Furthermore, the statistics indicate a generational
26. The Saratoga Foundation for Women Worldwide
26
change, as a higher percentage of every age stratum of women than men voted except
for the last three: ’70-74’, ’75-79’ and ‘80+’. The greatest disparity in voting rates was
in the ‘80+’ category, where an anomalistic rate of only 69.5% of eligible women voted,
whereas 80.8% of men voted.4
In 2014, only 45.2% of the nominations to the Swedish Parliament were women
(the Swedish government is unicameral). 43.6% (i.e. 77% of the rate of men) of those
elected were women, whilst only 45.3% of those who stood (men and women) but
were not elected were women.5
On the 2nd
of September, 2015, precisely half of the appointed cabinet were
women; many in important positions.6
Of Sweden’s 15 contemporary Parliamentary
Committees, 8 had female chairpersons.(7,8,9,10,11,12,13,14,15,16,17,18,119,20,21)
On that date, 7 out 16 of the justices of the Supreme Court of Sweden were
women, including the chairperson, Marianne Lundius.22
Only 3 of Sweden’s 7 major political parties have a quota for women in
parliamentary elections: The Social Democratic Party (alternating male/female on
party list, effectively 50%), The Left Party (50% minimum), and the Green Party
(50%).23
In the 2014 election, the Social Democratic Party won the most amount of
seats, followed by the Moderate Party, and The Sweden Democrats, neither of which
had quotes for women in parliamentary elections.
Four of the party leaders (or equivalents) of Sweden’s seven major political
parties were women.24
In conclusion, whilst women do not have exact parity with men in terms of
representation in parliament, they serve on more committees, and are greater
proportion of them vote. Overall, women appear to largely unrestricted when engaging
with politics in Sweden.
Bibliography for Politics
23
International Institute for Democracy and Electoral Assistance; Stockholm University;
Inter-Parliamentary Union . QuotaProject, Global Database of Quotas for Women: Explore
Quota Data: Sweden. February 5, 2015.
http://www.quotaproject.org/uid/countryview.cfm?country=197 (accessed September 2,
2015).
3
Statistics Sweden. Statistics Sweden: Finding Statistics: Democracy: General Elections:
European Parliament elections, nominated and elected candidates: Nominated, elected and
not elected candidates in the elections to the European Parliament by sex. In numbers and
percent. Election year 1995 - 2014 [3/17/2015]: All: All: 2014. 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__ME__ME0116/C1EUvalNom/t
able/tableViewLayout1/?rxid=9f788a25-eb12-4847-a78b-d43071ceafe8 (accessed August 2,
2015).
2
—. Statistics Sweden: Finding Statistics: Democracy: General Elections: European
Parliament elections, participation survey: European Parliament election. Voting rates
among all those entitled to vote by sex and age (Survey). Election year 2004 - 2014
[3/30/2015]: Voting rates, percent: All: 13 groups and total: total 18+ years: 2014 . 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__ME__ME0110/ME0110T01/t
27. The Saratoga Foundation for Women Worldwide
27
able/tableViewLayout1/?rxid=f9cb0a76-b7ce-487d-87ea-92d813c1a93f (accessed
September 2, 2015).
5
—. Statistics Sweden: Finding Statistics: Democracy: General Elections: General elections,
nominated and elected candidates: Make your own tables in the Statistical Database:
Election to the Riksdag: Nominated, elected and not elected candidates in the election to the
Riksdag by sex. Number and percent. Year of election 1991 - 2014: All: All: 2014. 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__ME__ME0107__ME0107C/M
E0107T22/?rxid=0fa5627e-a1d5-4a98-92aa-c482d5fc4e2a (accessed September 2, 2015).
4
—. Statistics Sweden: Finding Statistics: Democracy: General Elections: General elections,
participation survery: Make your own tables in the Statistical Database: Election to the
Riksdag: Election to the Riksdag. Voting rates among all those entitled to vote by sex and
age (Survey). Election year 2002 - 2014: Voting rates, percent: All: 13 groups and total: All:
2014. 2014.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__ME__ME0105__ME0105C/M
E0105T01/table/tableViewLayout1/?rxid=8221372c-abf1-4342-a34b-96fb9965e80d
(accessed September 2, 2015).
22
The Supreme Court of Sweden. Sveriges Domstolar: The Swedish Courts: The Swedish
Courts: The Courts: The Supreme Court: More about the Supreme Court: The Supreme
Court's Website: Justices of the Supreme Court. November 3, 2014.
http://www.hogstadomstolen.se/Justitierad/.
6
The Government of Sweden. Government Offices of Sweden. http://www.government.se/
(accessed September 2, 2015).
7
The Swedish Parliament. Sveriges Riksdag: Committees & Eu Affairs: Health & Welfare
Committee. 2014. http://www.riksdagen.se/sv/Utskott-EU-namnd/Socialutskottet/
(accessed September 1, 2015).
8
—. Sveriges Riksdag: Committees & Eu Affairs: The Business and Industry Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Naringsutskottet/ (accessed September 2,
2015).
9
—. Sveriges Riksdag: Committees & EU Affairs: The Civil Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Civilutskottet/ (accessed September 2,
2015).
10
—. Sveriges Riksdag: Committees & Eu Affairs: The Committee on Justice. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Justitieutskottet/ (accessed September 2,
2015).
11
—. Sveriges Riksdag: Committees & Eu Affairs: The Constitution Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Konstitutionsutskottet/ (accessed
September 2, 2015).
12
—. Sveriges Riksdag: Committees & Eu Affairs: The Culture Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Kulturutskottet/ (accessed September 2,
2015).
13
—. Sveriges Riksdag: Committees & Eu Affairs: The Defence Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Forsvarsutskottet/ (accessed September 2,
2015).
14
—. Sveriges Riksdag: Committees & Eu Affairs: The Education Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Utbildningsutskottet/ (accessed September
1, 2015).
28. The Saratoga Foundation for Women Worldwide
28
15
—. Sveriges Riksdag: Committees & EU Affairs: The Environment and Agriculture
Committee. 2014. http://www.riksdagen.se/sv/Utskott-EU-namnd/Miljo-och-
jordbruksutskottet/ (accessed September 1, 2015).
16
—. Sveriges Riksdag: Committees & EU Affairs: The Finance Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Finansutskottet/ (accessed September 2,
2015).
17
—. Sveriges Riksdag: Committees & Eu Affairs: The Foreign Affairs Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Utrikesutskottet/ (accessed September 1,
2015).
18
—. Sveriges Riksdag: Committees & Eu Affairs: The Social Insurance Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Socialforsakringsutskottet/ (accessed
September 1, 2015).
19
—. Sveriges Riksdag: Committees & Eu Affairs: The Tax Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Skatteutskottet/ (accessed September 2,
2015).
20
—. Sveriges Riksdag: Committees & Eu Affairs: The Traffic Committee. 2014.
http://www.riksdagen.se/sv/Utskott-EU-namnd/Trafikutskottet/ (accessed September 1,
2015).
21
—. Sveriges Riksdag: Documents and laws: Laws: The Constitution: The Instrument of
Government. November 21, 2011. http://www.riksdagen.se/en/Documents-and-
laws/Laws/The-Constitution/ (accessed August 11, 2015).
24
—. Sveriges Riksdag: Members and Parties. 2014. http://www.riksdagen.se/en/Members-
and-parties/ (accessed September 2, 2015).
Work
De Jure
Chapter 2, Article 13 of the ‘Swedish Constitution: The Instrument of Government’
states that:
‘No act of law or other provision may imply the unfavourable treatment of anyone on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other equivalent
official duties.’1
Chapter 2 of ‘The Discrimination Act (2008:567)’ prohibits gender discrimination at
work, excluding Section 2 which contains some exceptions. According to this section,
the law does not prevent:
‘1. differential treatment based on a characteristic associated with one of the grounds
of discrimination if, when a decision is made on employment, promotion, or education
or training for promotion, by reason of the nature of the work or the context in which
the work is carried out, the characteristic constitutes a genuine and determining
29. The Saratoga Foundation for Women Worldwide
29
occupational requirement that has a legitimate purpose and the requirement is
appropriate and necessary to achieve that purpose,
2. measures that contribute to efforts to promote equality between women and men
and that concern matters other than pay or other terms of employment’.
There are also some exceptions for age restrictions.
Section 3 further states that in cases of sexual harassment,
‘The employer is obliged to investigate the circumstances surrounding the alleged
harassment and where appropriate take the measures that can reasonably be
demanded to prevent harassment in the future’.
Chapter 3, Sections 1-13 request active measures that employers must take in order
to combat discrimination at work, including, for example, pay inequality.2
Chapter 5, Section 18 of the ‘Annual Accounts Act (1995:1554)’ states that
public companies shall publish:
‘Indication of the average number of persons employed during the financial year with
an indication of the breakdown between men and women […] Indication of the
breakdown between men and women among board members, the CEO, and other
members of company management’.3
According to Chapter 4, Section 1 of the ‘Swedish Corporate Governance Code’:
‘The company is to strive for equal gender distribution on the board.’4
The Swedish Corporate Governance Board states that:
‘If a company finds that a certain rule is inappropriate due to particular circumstances,
it can choose another solution than that found in the Code. The company must,
however, clearly state that it has not compiled with the rule, along with an explanation
of the company’s preferred solution and the reasons for this’.
This is otherwise known as ‘comply or explain’.5
Section 3 of the ‘Parental Leave Act (1995:584)’ gives mothers and fathers six
forms of parental leave: 1. Leave for female workers during childbirth and
breastfeeding; 2. Full parental leave until the child is 18 months old; 3. Leave in the
form of reduced hours (three-quarters, half, one-quarter, or one eighth) with respective
parental benefits; 4. Leave for a parents in to form of reduced hours by up to one
quarter until the child is eight years of age and has not completed their first year of
school; 5. Leave to take care of children (temporary leave), for example when the child
is ill; 6. Parental leave or time off in the form of a reduction of normal working hours
by half for a parents with full custody.
Section 4 states that:
‘A female employee is entitled to full leave in connexion with her child’s birth during a
continuous period of at least seven weeks before the expected date of delivery and
30. The Saratoga Foundation for Women Worldwide
30
seven weeks after giving birth. If she has not been off on another ground, two weeks
of this maternity leave is obligated before or after childbirth.
The employee is also entitled to time off to breastfeed the baby,’
Section 5 further states that: ‘A parent is entitled to full leave for child care until the
baby is 18 months old.’
Sections 16-19 give special provisions protecting parents from discriminations
and particularly female employees who are pregnant or breastfeeding, including their
right to be transferred if she cannot physically perform her job.6
In terms of pay during parental leave, the European Union reports of Sweden:
‘13 months are paid at 80% of the most recent income up to a ceiling of approximately
444,000 SEK (€51,100) per year in 2014 and the remaining three months are paid at
a flat rate of 180 SEK (€21) per day.’7
Many more provisions exist in particular cases, for example when a parent has more
than one child or twins etc., as well as the rate of compensation in these cases.6
Parental leave can be shared between the parents in anyway, except for sixty
days which each parents has specially allocated to them.8
In conclusion, women appear to have good legal protection in all areas of
employment, as well as having generous maternity and parental leave. No negative
discrimination against women exists in the law, but perhaps affirmative action could
be used to improve equality even further, as it has in Norway.9
De Facto
According to the OECD’s (Organization for Economic Cooperation and Development)
‘Better Life Index’:
‘Some 76% of men are in paid work, compared with 72% of women. In Sweden, only
1% of employees work very long hours, one of the lowest rates in the OECD where
the average is 13%. About 2% of men work very long hours, compared with 1% for
women. […]
In Sweden, the long-term unemployment rate for men is slightly higher than for
women, at respectively 1.5% and 1.2%. […]
In Sweden, men earn 15.1% more than women. […]
Fewer hours in paid work for women do not necessarily result in greater leisure time.
In Sweden, both men and women devote approximately 15 hours per day to personal
care and leisure.’10
However, according to the Swedish Institute, the pay statistic can be misleading:
31. The Saratoga Foundation for Women Worldwide
31
‘On average, women’s monthly salaries are 94 per cent of men’s when differences in
choice of profession and sector are taken into account. Pay differentials are most
pronounced in the private sector.’8
Statistics Sweden indicates that men have fewer sick days and sick-periods than
women. In 2014, men on average had 4.62 sick days, compared to women’s 6.51
days.11
According to the somewhat dated statistics of the European Union:
‘Fathers used on average 96 days of parental benefit for children born in 2005,
(mothers used on average 324 days). When the child turned eight and the right to use
parental benefit ended, only ten percent of the children born in 2005 had a father that
had not used a single day of parental benefit (for mothers the figure was 4%).
As an economic incentive for mothers and fathers to share childcare more
equally the Swedish government introduced a ’Gender equality bonus’ in 2008. The
bonus is linked to the take-up of parental benefit and it amounts to a maximum of
13,500 SEK (€1,570) per child.’
The same country profile states:
‘A high proportion of women use flexible working arrangements. Female and male
part-time employment rates stand at 39.6% and 14.6% respectively, compared to the
EU averages of 32.5% for women and 9.4% for men.’7
In January 2013, according to the European Union’s ‘National Factsheet: Gender
Balance in Boards: Country: Sweden’, in publically listed companies (OMXS 30 Index),
0% of Board Chairs were women, 3.8% of CEOs, and 25.5% of Board Members.
Women also only represented 19.3% of executive directors and 26.9% of non-
executive directors. The corresponding figures for the EU-27 average were 3.3%
(Board Chair), 2.4% (CEOs), 15.8% (Board Members), 10.27% (Executive Directors),
and 16.8% (Non-Executive Directors).12
In conclusion, women do not have the same reality as men in work. There can
be many reasons for this, and lower employment rates are not necessarily a sign of
discrimination as some women may prefer to stay at home to look after children or for
any other reasons. It could, however, be otherwise, like the significantly lesser rate of
board membership for women, which seems to indicate an institutional patriarchy
Bibliography for Work
9
Anna Reimann. Spiegel Online: English: Europe: Norway's Gender Quota: A Laboratory for
the Advancement of Women. May 29, 2012.
http://www.spiegel.de/international/europe/how-norway-led-the-way-in-gender-quota-
success-a-835738.html (accessed September 3, 2015).
10
Organisation for Economic Cooperation and Development. Better Life Index: Index:
Countries: Sweden:. http://www.oecdbetterlifeindex.org/countries/sweden/ (accessed
September 11, 2015).
32. The Saratoga Foundation for Women Worldwide
32
11
Statistics Sweden. Statistics Sweden: Finding Statistics: Labout market: Sick pay: Short term
business statistics on sick pay: Make your own tables in the Statistical Database: Number of
sickperiods and sickdays per employee distributed by sex and sector. Quaterly 2006K1 -
2015K1: All: All: All sectors: 2015K1 + 2014K4 + 2014K3 + 2014K2 + 2014K1. 2015.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__AM__AM0209/Sjukloneperio
dSekt/table/tableViewLayout1/?rxid=129eae40-6148-4753-85a6-2f8fcb02b957 (accessed
September 7, 2015).
12
The European Union. "European Union: European Commission: About the European
Commission: More information: Departments and Services: Justice and Consumers (JUST):
All Topics: Gender equality: Related documents: Gender balance in decision-making
positions: Women on Boards: Commission proposes 40% objective: Further information and
Press Pack: Country Specific Factsheets: Sweden." European Commission. 2013.
http://ec.europa.eu/justice/gender-equality/files/womenonboards/womenonboards-
factsheet-se_en.pdf (accessed September 7, 2015).
7
—. European Union: European Platform for Investing in Children: Country Profiles: Sweden.
2014. http://europa.eu/epic/countries/sweden/index_en.htm (accessed September 7,
2015).
5
The Swedish Corporate Governance Board. Swedish Corporate Governance Board: The
Code: Comply or explain. http://www.corporategovernanceboard.se/the-code/comply-or-
explain (accessed September 3, 2015).
4
—. Swedish Corporate Governance Board: The Code: Current Code.
http://www.corporategovernanceboard.se/media/45322/svenskkodbolagsstyrn_2010_eng
_korrigerad20110321.pdf (accessed September 3, 2015).
8
The Swedish Institute. Sweden: 10 things that make Sweden family-friendly.
https://sweden.se/society/10-things-that-make-sweden-family-friendly/ (accessed
September 3, 2015).
2
The Swedish Parliament. Lagboken: Lagar och förordningar: Social och familj: Jämställdhet
och diskriminering: Diskrimineringslag (2008:567).
http://www.lagboken.se/dokument/Andrings-SFS/185117/SFS-2008_567-
Diskrimineringslag?id=27530 (accessed August 11, 2015).
1
—. Sveriges Riksdag: Documents and laws: Laws: The Constitution: The Instrument of
Government. November 21, 2011. http://www.riksdagen.se/en/Documents-and-
laws/Laws/The-Constitution/ (accessed August 11, 2015).
3
—. Sveriges Riksdag: Dokument & lagar: Lagar: Svensk författningssamling:
Årsredovisningslag (1995:1554). http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/rsredovisningslag-19951554_sfs-1995-1554/
(accessed September 3, 2015).
6
—. Sveriges Riksdag: Dokument & lagar: Lagar: Svensk författningssamling:
Föräldraledighetslag (1995:584). https://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/Foraldraledighetslag-1995584_sfs-1995-584/
(accessed September 3, 2015).
33. The Saratoga Foundation for Women Worldwide
33
Violence
De Jure
This section will focus on violence against women in particular. General cases of
violence such as murder or threats have not been included unless they contain some
particular relevance to women, girls, or gender relationships.
Chapter 2, Article 13 of the ‘Swedish Constitution: The Instrument of
Government’ states that:
‘No act of law or other provision may imply the unfavourable treatment of anyone on
grounds of gender, unless the provision forms part of efforts to promote equality
between men and women or relates to compulsory military service or other equivalent
official duties.’1
Female Genital Mutilation has already been covered in Section Five: ‘Cultural, Tribal,
and Religious Restrictions’. It is totally forbidden.
Chapter 4, Section 4, Part A of ‘The Penal Code (1962:700)’ states:
‘A person who commits criminal acts as defined in Chapters 3, 4, 6, or Section 24, Act
(1998:688) regarding the prohibition of contact, against an intimate or previously
intimate person, shall be sentenced, if each and every one of the deeds formed part
of a repeated violation of that person’s integrity and the deeds were suited to severely
damage that person’s self-esteem, for gross violation of integrity to imprisonment for
no less than 9 months and no more than 6 years.
If the deeds described in the first paragraph were committed by a man against
a woman to whom he is or has been married, or with whom he is or has been
cohabiting under circumstances comparable to marriage, he shall be sentenced for
gross violation of a woman’s integrity to the same punishment. (Act 1998:393).’2
‘The Contact Prohibition Act (1998:688)’ states in Article 1:
‘Contact prohibition may be issued if, because of special circumstances, there is a risk
that the person against whom the prohibition refers will commit crimes against,
persecute, or otherwise severely harass the person whom the prohibition protects.’3
Chapter 3 of ‘The Penal Code (1962:700)’ is entitled ‘On Crimes against Life and
Health’ and contains provisions concerning: murder; manslaughter; infanticide; bodily
injury, illness and pain; and negligence.
Chapter 4, entitled ‘On Crimes against Liberty and Peace’ concerns matters
such as: kidnapping; trafficking; unlawful detention; unlawful coercion; gross violation
of integrity; persecution; unlawful coercion in marriage; misleading a person into
marriage or a marriage-like relationship; raising a weapon against another or
threatening a criminal act; trespassing; unlawfully taking an image of someone who is
indoors in a home, on a toilet, in a dressing-room, or in a similar place; harassment by
34. The Saratoga Foundation for Women Worldwide
34
molestation or disturbance; breaching postal or telecommunication secrecy; intrusion
into a safe depository; eavesdropping; and breach of data secrecy.
Chapter 6 ‘On Sexual Offenses’ states:
‘A person who by assault or other violence or by threat of a criminal act forces another
person to have sexual intercourse or to undertake or endure another sexual act that,
in view of the seriousness of the violation, is comparable to sexual intercourse, shall
be sentenced for rape to imprisonment for at least two and at most six years.
This also applies if a person engages with another person in sexual intercourse
or in a sexual act which under the first paragraph is comparable to sexual intercourse
by improperly exploiting a person, due to unconsciousness, sleep, serious fear,
intoxication or other drug influence, illness, physical injury or mental disturbance, or
who is otherwise in view of the circumstance in a particularly vulnerable situation.’
It contains similarly extensive definitions for sexual coercion; sexual exploitation of a
person in a position of dependency; rape of a child; sexual exploitation of a child;
sexual abuse of a child; sexual intercourse with an offspring; exploitation of a child for
sexual posing; purchase of a sexual act from a child; sexual molestation; contact with
a child for a sexual purpose. With regard to the provisions regarding children, they
mostly apply to children under the age of 15.
Section 11 states that:
‘A person who, otherwise than as previously provided in this Chapter, obtains a casual
sexual relation in return for payment, shall be sentenced for purchase of sexual service
to a fine or imprisonment for at most one year.
The provision of the first paragraph shall also apply if the payment was
promised or given by another person.’
This does not make prostitution illegal, but rather the purchase of sex – it shifts blame
from prostitutes.
Further sections exist regarding the procurement of sexual relations and
knowingly owning a brothel; and criminal responsibility in matters of age. Chapter 23
contains provisions on when these acts are attempted.2
Swedish laws on violence are extensive – this has merely been a (very) brief
summary. At no point in the law is a woman’s right less than man’s. In conclusion, it
appears that women have good and equal legal protection from violence.
De Facto
According to Statistics Sweden, in 2012-2013, 4.1% of women aged 16-64 had been
subjected to threats or violence at the workplace, almost double the figure for men
(2.1%).4
In 2012 men and women aged over 16 reported being equally subjected to
threats or violence overall, at 6.2% for both. Men were more likely to be subjected to
violence, and women were more likely to be threatened. In public, men were more
frequently subjected to threats or violence at 3.4% compared to 1.9% for women;
35. The Saratoga Foundation for Women Worldwide
35
however, at home or in another person’s home, women were more likely to be
subjected to threats or violence at 1.7% compared with 0.9% for men.5
However, the ‘Violence Against Women: an EU-Wide Survey: Main results’
report suggests a radically different situation. According to this report, in 2012, 46% of
women in Sweden had experienced physical and/or sexual violence since the age of
15. The third highest in Europe.
11% had had such abuse in the 12 months before the interview.
Very few women indicated that the most serious incident of violence had come
to the attention of the police: 17% for partner violence, and 14% for non-partner
violence.
51% of women felt they had experienced psychological violence during a
relationship. 20% reported this for their current partner.
33% of women reported having been stalked since the age of 15, and 9%
reported it in the previous 12 months. Only 25% reported that the most serious case
had come to the attention of the police.
74% of women in Sweden stated that they had been sexually harassed since
the age of 15. This being the highest percentage in Europe. The types of harassment
included: inappropriate staring or leering that made [them] feel intimidated; unwelcome
touching, hugging, or kissing; sexually suggestive comments or jokes that made
[them] feel offended; intrusive comment about [their] physical appearance that made
[them] feel offended; intrusive questions about [their] private life that made [them] feel
offended; and somebody indecently exposing themselves to [them].
44% reported a childhood experience of violence – sexual, physical, or
psychological - before the age of 15.
35% of women said they had been worried about physical or sexual violence in
the 12 months previous to the interview. 65% had avoided certain situations or places
because of this. 59% avoided certain public situations or places for fear of being
physically or sexually assaulted.
28% of women in Sweden said they knew of cases of domestic violence in their
circle of friends of family, and 47% said the same thing in their work environment.
Only 32% said they had ever seen or heard campaigns against violence against
women.
However, only 95% stated that they were aware of at least one institution or
service that offered services to victims of violence against women.
Comparing statistics in this manner is very difficult since, as the report also
states:
‘Eurofund indicates three reasons for the observed difference between Member States
concerning the exposure to adverse social behaviours:
• Variations in the actual prevalence of adverse social behaviours;
• Cultural differences with regard to the type of behaviours that is considered
adverse (e.g. when does ‘playful teasing’ turn into bullying? What type of sexual
attention is unwanted?);
• Country differences in the likelihood of people reporting that they were
subjected to any of these types of behaviours (although people might recognize
that they are being harassed, they could feel that reporting it is less socially
desirable.)’7
36. The Saratoga Foundation for Women Worldwide
36
According to BRÅ (The Swedish Council for Crime Prevention):
‘In 2014, 20,300 sexual offences were reported in Sweden. 6,700 of these offences
were classed as rape. Changes in Swedish legislation have led to more crimes now
being viewed as rape. In the Swedish Crime Survey, 1.3 per cent reported that they
were the victim of a sexual offence in 2013.’
However, they also state:
‘Comparisons between countries that are based on their individual crime statistics
require caution since such statistics are produced differently in different countries.
Criminal statistics do not provide a simple reflection of the level of crime in a given
country. Criminal statistics are influenced by both legal and statistical factors, and by
the extent to which crime is reported and registered. These factors can vary from one
country to another. There are no international standards for how crime statistics should
be produced and presented and this makes international comparisons difficult.’8
In Sweden, in 2014, BRÅ claimed there were 28’670 processed offences for assault
against women 18 years or older, of which 25’233 were investigated and 4’078 had
prosecution initiated (17%).
They also state that there were 3’461 reported cases of sexual assault against
women aged 18 years or older. Of these 3’272 were initiated and of those only 291
had prosecution initiated (9%). For men the numbers are 144, 130 and 7 (5%).9
In conclusion, it may not be entirely possible to compare how Sweden performs
to other countries, because of a vast number of cultural and legal differences.
However, these statistics indicate that Sweden certainly does have a very large and
extensive problem with violence against women, despite the legal protection that
exists. Furthermore, commenting on persecution rates may not be advisable as they
can be low for a number of reasons, but intuition suggests that such incredibly low
rates are indicative of another large problem when men and women actually report
assault.
Bibliography for Violence
7
European Union Agency for Fundamental Rights. "FRA: Publications & resources: Lates
publications: View all: Violence against women: an EU-wide survey. Main results report: En."
FRA: European Union Agency for Fundamental Rights. 2014.
http://fra.europa.eu/sites/default/files/fra-2014-vaw-survey-main-results-apr14_en.pdf
(accessed September 9, 2015).
4
Statistics Sweden. "Statistics Sweden: Finding Statistics: Living Conditions: Living
Conditions: Living Conditions Surveys (ULF/SILC): Security: Subjected to threats or violence
at the workplace for employees aged 16-64 by indicator, age and sex. Percentage and
estimated numbers in thousands. Year 2008-2009 - 2012-2013: Proportion of persons in
percent: All: total 16-64years: Men + women: 2012-2013." Statistics Sweden.
37. The Saratoga Foundation for Women Worldwide
37
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__LE__LE0101__LE0101T/LE010
1T07/?rxid=96ae0607-2a15-417b-a41c-c639ee78180c (accessed September 9, 2015).
5
—. "Statistics Sweden: Finding Statistics: Living Conditions: Living Conditions: Living
Conditions Surveys (ULF/SILC): Security: Security and safety by indicator, age and sex.
Percentage and estimated numbers in thousands. Year 2008-2009 - 2012-2013: Proportion
of persons in percent: All Men + women: 2012-2013." Statistics Sweden.
http://www.statistikdatabasen.scb.se/pxweb/en/ssd/START__LE__LE0101__LE0101T/LE010
1T01/?rxid=d57a4214-b2a1-49a5-9207-152208a63fe7 (accessed September 9, 2015).
9
The Swedish National Council for Crime Prevention. "Brå: Crime trends: Rape and sex
offences: Comparisons between countries: Processed offences, 2014 ." Brå.
http://bra.se/bra/bra-in-english/home/crime-and-statistics/crime-statistics.html (accessed
September 9, 2015).
8
—. "Brå: English: Crime trends: Rape and sexual offences." Brå. http://bra.se/bra/bra-in-
english/home/crime-and-statistics/rape-and-sex-offences.html (accessed September 9,
2015).
2
The Swedish Parliament. "Sveriges Riksdag: Document & lagar: Lagar: Svensk
författningssamling: Brottsbalk (1962:700)." Sveriges Riksdag.
https://www.riksdagen.se/sv/Dokument-Lagar/Lagar/Svenskforfattningssamling/Brottsbalk-
1962700_sfs-1962-700/?bet=1962:700 (accessed September 8, 2015).
1
—. "Sveriges Riksdag: Documents and laws: Laws: The Constitution: The Instrument of
Government." Sveriges Riksdag. November 21, 2011.
http://www.riksdagen.se/en/Documents-and-laws/Laws/The-Constitution/ (accessed
September 8, 2015).
3
—. "Sveriges Riksdag: Dokument & lagar: Lagar: Svensk författningssamling: Lag (1988:688)
om kontaktförbud." Sveriges Riksdag. http://www.riksdagen.se/sv/Dokument-
Lagar/Lagar/Svenskforfattningssamling/sfs_sfs-1988-688/ (accessed September 8, 2015).
Miscellaneous: Poverty &
Women’s Organizations
Throughout this document, each section has been divided into two: ‘De Jure’ which
reviews the laws of Sweden, and ‘De Facto’ which attempts to review the situation in
praxis, and reflect the often progressive laws. The following section discontinues this
process either because each topic is too brief, has been largely covered in another
section, or the diametric system is no longer a valid method of analysis.
Poverty
A 2015 report entitled ‘Workshop on Main Causes of Female Poverty’ from the
Directorate-General for Internal Policies states that in Sweden 12% of women are at
risk of poverty, compared to only 9% of men.