A/HRC/55/47/Add.2
G.
Conscientious objection
1.
Conscription and military life
66.
Partial military conscription was re-established in Sweden in 2018. The law
specifically exempts Jehovah’s Witnesses from national military service. Other conscientious
objectors may apply for unarmed military service but are in practice not inducted into the
military. Armed forces guidelines allow religious headwear. Regardless of their own
religious denomination, military chaplains are required to perform religious duties for other
faiths or refer service members to other leaders if requested. Members of the military may
observe their own religious holidays in exchange for working on public holidays.
2.
Conscientious objection and related rights
67.
In 2020, the European Court of Human Rights found inadmissible a case brought
before it by Ellinor Grimmark, a nurse who had subsequently trained as a midwife but had
been denied midwifery roles owing to her religious and conscience-based refusal to carry out
abortions. The Court accepted that this constituted an interference with her right to manifest
her beliefs under article 9 of the European Convention on Human Rights. It found, however,
that the interference was provided for by law, necessary and proportionate, holding that the
provision of nationwide abortion services meant that Sweden had a positive obligation to
organize its health system in a way as to ensure that the effective exercise of freedom of
conscience of health professionals in the professional context did not prevent the provision
of such services. The requirement that all midwives should be able to perform all duties
inherent to the vacant posts was therefore not disproportionate or unjustified.28
68.
Prior to her visit, the Special Rapporteur had received reports indicating that there
continued to be no avenue for consideration of cases of conscientious objection among
health-care providers who did not wish to take part in carrying out abortions. During meetings
with officials, she was informed that solutions were usually found on a case-by-case basis,
with the medical practitioners given other assignments, where possible. The Special
Rapporteur notes that religious accommodations should be given appropriate consideration
in a way that does not deny others access to health services.
VI. Specific impacts on various sectors of society
A.
Situation of Muslims
69.
The number of Muslims in Sweden has grown, mainly through immigration since the
mid-twentieth century from South-Eastern Europe, the Middle East, North Africa and the
Horn of Africa. Approximately 10 different Islamic faith organizations exist at the national
level, along with several hundred local congregations throughout Sweden. A wealth of
different confessional and theological branches are represented among the congregations,
including Shia, Sunni, Sufi and Ahmadiyya. There are some purpose-built mosques in
Sweden but also many other places of prayer, so-called basement mosques.
70.
The Islamic national associations are organizations that represent local congregations
and mosques at the national level. There are currently over 150 local Islamic associations in
Sweden that offer houses of prayer, educational opportunities and social services. The Islamic
national associations and their local congregations have been an established presence in
Sweden since the 1970s. Between 150,000 and 200,000 people are active members of an
Islamic congregation in Sweden.
71.
In the context of human rights treaty body reviews and the consideration of the country
under the universal periodic review mechanism, Islamophobia has been noted as a serious
problem in Sweden.29 Muslims tend to be prominently targeted for discriminatory attacks,
28
29
GE.24-04001
See European Court of Human Rights, Ellinor Grimmark v. Sweden, Application No. 43726/17,
Decision, 11 February 2020.
CERD/C/SWE/CO/22-23, paras. 18 and 20; E/C.12/SWE/CO/6, para. 21; CCPR/C/SWE/CO/7, paras.
13