A/HRC/55/47/Add.2 E. Instances of religious or belief intolerance 49. In Sweden it is prohibited, in a statement or other disseminated communication, to threaten or express contempt for a population group by allusion to race, colour, national or ethnic origin, religious belief, sexual orientation or transgender identity or expression.14 50. Unlike under the International Covenant on Civil and Political Rights, a statement does not have to constitute incitement to discrimination, hostility or violence against a target group or be aimed at the destruction or limitation of the rights or freedoms of others in order to amount to an offence under the provision. It is enough for a statement to express contempt (missaktning) for the population group in question. 51. The protection of certain individuals and groups under domestic criminal law is based on the provision on unlawful discrimination 15 and the general regulation on aggravating circumstances.16 According to the latter, a court must, when assessing the penalty to be given, take into consideration whether a motive for a committed offence was to insult a person or a population group on the grounds of race, colour, national or ethnic origin, religious belief, sexual orientation or transgender identity or expression, or another similar circumstance. 52. According to the Swedish National Council for Crime Prevention, the largest share of all hate crimes are those with racist or xenophobic motives. Hate crimes on religious grounds account for 16 per cent of all hate crimes.17 Muslims and Jews appear to be especially affected, but members of Christian communities, Jehovah’s Witnesses and others are also affected. In addition, United Nations mechanisms, including the Committee on the Elimination of Racial Discrimination, the Committee on Economic, Social and Cultural Rights, the Human Rights Committee and the Working Group of Experts on People of African Descent, have raised concerns about widespread and persistent expressions and acts of racial and religious hatred in Sweden.18 53. Representatives of the police informed the Special Rapporteur that they had established cooperation with civil society organizations, municipalities, schools and academia in order to better tackle all forms of hate crime. 54. In June 2023, the Government tasked the Living History Forum with carrying out a study of schoolchildren’s attitudes towards intolerance, including investigating their attitudes towards vulnerable groups such as Jews and Muslims. The design of the study should enable comparisons with the results of the Government’s previously conducted attitude surveys regarding intolerance, which were held in 2004, 2009 and 2014. Previous studies have been central to the design of the Government’s measures and activities aimed at schools. Representatives of the Living History Forum indicated that the study had received additional funding, as it was considered a priority for the Government. 55. The recurring burnings of the Qur’an were brought up by almost all interlocutors in the Special Rapporteur’s exchanges. Across different authorities and communities, and regardless of the religion or belief of the speaker, there were expressions of disappointment and acknowledgement that such acts were offensive, disrespectful acts of provocation that had no place in Sweden or the European Union. The Government has declared that burning the Qur’an or any other book that is regarded as holy by many is offensive, disrespectful and a clear act of provocation. The Government has strongly rejected any act of intolerance and declared that such acts in no way reflect the opinion of the Government.19 Over the past year, reactions to burnings of religious scriptures at demonstrations have led to riots and disturbances of public order. Together with other circumstances, this has led to a worsened national security situation for Sweden. The Government has recently decided to appoint a Chair for an inquiry into whether national security could be considered when examining 14 15 16 17 18 19 10 Criminal Code, chap. 16, sect. 8. Ibid., chap. 16, sect. 9. Ibid., chap. 29, sect. 2. See https://bra.se/bra-in-english/home/crime-and-statistics/hate-crime.html. CERD/C/SWE/CO/22-23, E/C.12/SWE/CO/6, CCPR/C/SWE/CO/7 and A/HRC/30/56/Add.2. See https://www.government.se/statements/2023/07/230720-statement-by-minister-for-foreignaffairs-tobias-billstrom/. GE.24-04001

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