A/HRC/55/47/Add.2
years, a number of challenges have brought freedom of religion or belief matters to the
fore in Swedish society. This has encouraged some Swedish authorities to realize that
faith communities can be part of the solution in an ongoing dialogue, and not just
recipients of State messaging during crises. This is a welcome development but the
political make-up, and the high level of autonomy and independence enjoyed by
municipalities, means that this is unlikely to become the dominant approach with faith
communities unless there is a firm determination behind it. The Special Rapporteur
notes that civil society organizations and religious communities can play a vital role in
increasing inclusion, empathy, understanding and solidarity across communities.
VIII. Recommendations
98.
The Special Rapporteur notes that a human rights-based approach to addressing
the challenges facing Sweden is necessary to avoid the setbacks that security-based or
populist responses to tensions between communities beget. Against this background, the
Special Rapporteur recommends that the Government:
(a)
Incorporate the International Covenant on Civil and Political Rights into
domestic law and review domestic legislation in order to ensure full compliance by all
entities irrespective of their independence, especially in recognizing manifestation of
religion or belief as a stand-alone right; and raise awareness about the interrelationship
between article 18 of the Covenant, other human rights and the country’s fundamental
laws among judges, lawyers, prosecutors and public officials, at the national, municipal
and local level;
(b)
Strengthen understanding of the country’s freedom of religion or belief
obligations, including in public and in community with others, whether relating to
headdress, religious practices, worship, employment, conscientious objection, dietary
practices, religious education and schooling, or other matters. Although not all claims
will withstand adjudication, they must be assessed in the light of international
obligations, with all limitations needing justification in accordance with article 18 (3) of
the International Covenant on Civil and Political Rights;
(c)
Build capacity in all authorities, at every level, to better recognize and
counter discrimination based on religion or belief and provide redress;
(d)
Periodically review the Criminal Code to identify provisions, processes
and procedures that may perpetuate discrimination based on religion or belief;
(e)
Investigate and prosecute religiously motivated hate crimes, including
hate speech and physical attacks against Muslims, Jews and others; and promote
awareness of the widespread nature of hate crimes on religious grounds in Swedish
society;
(f)
Acknowledge and spotlight the extent of Islamophobia, antisemitism and
other such discrimination in Sweden, including attacks on places of worship, physical
assaults, hate crimes, and discrimination that especially target women and hateful
discrimination in social media and in political rhetoric, which risk becoming
normalized and institutionalized, and plan how to effectively counter it;
(g)
Improve the application of international human rights obligations and
soft law guidance in addressing the far-reaching challenge of recurring incidents of the
burning of the Qur’an, with cognizance of root causes that extend across various
authorities and politicians, from the law to school curricula. The desecration of holy
books and symbols may constitute incitement when independently ascertained to have
reached the six-part threshold test of the Rabat Plan of Action;
(h)
Consider expanding the scope of protection under the Discrimination Act,
on the basis of the proposals stemming from the inquiry on the matter, to ensure that
all public activities, including acts of authority by law enforcement agencies, are
covered;
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