A/HRC/55/47/Add.2
14.
Sweden has a long-standing and strong engagement with relevant human rights
mechanisms, and reports regularly on its human rights record. In concluding observations
adopted by treaty bodies between 2016 and 2023 and the outcome document adopted in 2020
in the context of the universal periodic review, concerns were raised about continued reports
of racist hate speech, in particular during election campaigns, in the media and online; about
racist and xenophobic violence against Muslims, Jews, Swedes of African descent, Roma
and the Sami; and incidents of religious intolerance, including physical attacks against
persons belonging to religious minorities and attacks on their places of worship. 4
15.
Sweden extended a standing invitation to the special procedures of the Human Rights
Council in 2001, with eight mandate holders and the International Independent Expert
Mechanism to Advance Racial Justice and Equality in Law Enforcement having visited the
country since that date.
16.
The Special Rapporteur welcomes the Government’s freedom of religion or belief
initiatives at home and abroad. In 2021, Sweden hosted the Malmö International Forum on
Holocaust Remembrance and Combating Antisemitism, where approximately 60 States and
organizations made around 150 pledges to strengthen the fight against antisemitism. Sweden
pledged to assume, and subsequently assumed, the Presidency of the International Holocaust
Remembrance Alliance in 2022 and arranged plenary meetings and conferences. The Special
Rapporteur also welcomes the 2016 appointment of the Swedish Special Envoy to the
Intercultural and Interfaith Dialogue of the Organization of Islamic Cooperation.
IV. National laws, policies, institutions and practices
17.
The Constitution of Sweden includes four fundamental laws with which no other laws
or ordinances may conflict: the Instrument of Government, the Act of Succession, the
Freedom of the Press Act and the Fundamental Law on Freedom of Expression. The
Constitution provides for freedom to practice religion alone or in the company of others,
mandates that there be no limitation of rights or freedoms on the grounds of religious opinion
and instructs public institutions to combat discrimination based on religious affiliation. It
promotes opportunities for the Sami people and ethnic, linguistic and religious minorities to
preserve and develop a cultural and social life of their own. No one is obliged to belong to a
religious community or divulge religious beliefs in relations with public institutions.
18.
Discrimination on the grounds of religion or belief is prohibited in civil law, under the
Discrimination Act (2008:567), whose purpose is to combat discrimination and promote
equal rights and opportunities regardless of sex, transgender identity or expression, ethnicity,
religion or other belief, disability, sexual orientation or age. Hate speech laws prohibit threats
or expressions of contempt for persons on the basis of several factors, including religious
belief. Penalties for hate speech range from fines to a prison sentence of up to four years,
depending on the severity of the incident (see paras. 45–59).
19.
Equality, democracy, neutrality, respect of privacy and the independence of
institutions are key rights and values in Sweden. Authorities regularly describe freedom of
religion or belief as private, separate and discrete. International human rights law, however,
upholds rights as integral to, and reinforcing of, one another. Manifestation of freedom of
religion or belief often overlaps with the freedoms of expression, assembly and association.
Although the Constitution recognizes freedom of religion as absolute, it does not recognize
manifestation of freedom of religion or belief as a stand-alone right. Therefore, in all cases
where a claimant’s right to the expression (manifestation) of freedom of religion or belief
should be upheld in Sweden, under the Constitution the claimant needs to demonstrate that
the right has been violated in conjunction with another right, which would suggest restrictions
on and possible infringements of manifestation of freedom of religion or belief. The Special
Rapporteur draws attention to the obligations under the International Covenant on Civil and
Political Rights that recognize manifestation of religion or belief as key to the protection of
that right. Such manifestation can only be legitimately limited in line with article 18 (3) of
4
4
See CRC/C/SWE/CO/6-7, CAT/C/SWE/CO/8, CEDAW/C/SWE/CO/10, CERD/C/SWE/CO/22-23,
E/C.12/SWE/CO/6, CCPR/C/SWE/CO/7 and A/HRC/44/12.
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