As a main rule, residence permits in Sweden are independent. A residence permit shall be granted to an alien who is a spouse or a cohabiting partner of someone who is resident in, or has been granted a residence permit to settle in Sweden.If the spouses/partners have not lived together on a permanent basis the Swedish Migration Board will grant the alien a residence permit for two years, or a minimum of one year, before a permanent residence permit is granted. In this case, the first permits are not independent.If the relationship ends during them term of such a temporary residence permit, the permit is not normally extended. However, if the relationship has primarily ended because the alien or the alien’s child has been subjected to violence or some other serious violation of their liberty or peace in the relationship, or there are other strong grounds for extending the alien’s residence permit, the residence permit may be extended even though the relationship has ended. Such grounds can exist if the person is at risk of becoming an outcast when she returns to her country of origin. The Board can also withdraw a temporary residence permit if the relationship ends.

When an alien applies for a residence permit on the grounds that he or she intends to get married to or enter into a co-habitee relationship with a person who is resident in or who has been granted a residence permit to settle in Sweden, the Migration Board may refuse a residence permit (temporary or permanent) if it can be assumed that the alien, or the alien’s child, will be subjected to violence or some other serious violation of their liberty or peace if a residence permit was to be granted.

The definition of a refugee in the Aliens Act includes those who have a well-founded fear of persecution on grounds of gender, as well as other membership of a particular social group. This specific definition came into force in 2006.

Persecution within the private sphere may be grounds for an alien to obtain refugee status in Sweden depending on what motives lie behind the inability or disinclination in the country of origin to provide protection.

An English translation ofthe Swedish Alien’s Act is available at: http://www.sweden.gov.se/ content/1/c6/06/61/22/fd7b123d.pdf

Question 13

In November 2007, the Government presented an action plan to combat men’s violence against women, violence and oppression in the name of honour and violence in same-sex relationships. The plan includes 56 measures, and the Government is allocating a total of approximately SEK 800 million to implement these measures. The action plan has a comprehensive approach to the problem and the measures are grouped in six areas: protection and support for the victims, preventive measures, enhanced quality and effectiveness in the judicial system, measures aimed at the perpetrator, greater cooperation between the actors affected and more knowledge. The authorities working in this field will be given new assignments with the aim of achieving long-term effects in work to combat men’s violence against women. The point of departure in the action plan is the United Nations Declaration on the Elimination of Violence Against Women and the Government Bill on gender equality.

Question 14

Based on the report presented by the National Police Board, the Government concluded that there was a need for more thorough testing of technical solutions that can be used for electronic monitoring of restraining orders. The National Police Board has thus been instructed to test technical solutions that could be used for this purpose. The findings of these tests will be presented by 15 December 2007 and will be used by the inquiry appointed by the government to review, inter alia, the legislation concerning restraining orders. This inquiry will present its findings by 30 September 2008.

Question 15

In 2005 a new extended definition of rape was adopted, and chapter 6 Section 1 in the Swedish PenalCodenowreads: A person who by assault or otherwise by violence or by threat of a criminal act forces another person to have sexual intercourse or to undertake or endure another sexual act that, having regard to the nature of the violation and the circumstances in general, is comparable to sexual intercourse, shall be sentenced for rape to imprisonment for at least two and at most six years.This shall also apply 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 that the person, due to unconsciousness, sleep, intoxication or other drug influence, illness, physical injury or mental disturbance, or otherwise in view of the circumstances in general, is in a helplessstate.If, in view of the circumstances associated with the crime, a crime provided for in the first or second paragraph is considered less aggravated, a sentence to imprisonment for at most four years shallbeimposedforrape.If a crime provided for in the first or second paragraph is considered gross, a sentence to imprisonment for at least four and at most ten years shall be imposed for gross rape. In assessing whether the crime is gross, special consideration shall be given to whether the violence or threat was of a particularly serious nature or whether more than one person assaulted the victim or in any other way took part in the assault or whether the perpetrator having regard to the method used or otherwise exhibited particular ruthlessness or brutality.

Question 16

Since the requirement regarding double criminality was abolished, Swedish courts have (in 2006) sentenced two people for offences under the Prohibition of Female Genital Mutilation Act to severe sentences of imprisonment and substantial amounts of damages.

One important result of the work of the National Board of Health and Welfare to further improve preventive work against female genital mutilation (FGM) is a common written declarationby the Swedish Imam Council, the Coptic Orthodox Church, the Catholic Church and the Swedish Christian Council. All these religious communities disassociate themselves clearly from all forms of FGM. The National Board of Health and Welfare has also produced and disseminated guidance regarding female genital mutilation to the police authorities and prosecutors. Educational material adapted to schools, health and medical services and social welfare services has also been produced and a web-based information bank with facts and information about FGM has been created through the work of the Board. A folder targeted at girls who have suffered or are at risk of FGM has been distributed to primary and secondary schools.

A proposal is currently being processed within the Government Offices regarding the extension of the statutory limitation period for FGM committed against children so that the statutory limitation period starts to run on the date when the aggrieved party attains or would have attained the age of 18. Today, the limitation period starts to run from the day the crime was committed, the statutory limitation period is 10 years. If the crime is gross the statutory limitation period is 15 years.

No official statistical information is available on how many women/girls living in Sweden have been genitally mutilated.

Prostitution and trafficking

Question 17

The Government will present an Action Plan to Prevent and Combat Prostitution and Trafficking in Human Beings for Sexual Purposes. Measures to combat trafficking for labour exploitation and for other purposes are also being prepared.

The Government’s strategy Poverty and Trafficking in Human Beings, for combating trafficking in human beings through Sweden’s international development cooperation, is being implemented through actions in bilateral Swedish work as well as in multilateral development work.

Question 18

On 1 July 2007, the provision of the Aliens Act concerning the possibility to issue time-limited residence permits to victims or witnesses of trafficking in human beings was amended. A time-limited residence permit should be granted for at least six months, and the permit may be prolonged if necessary. The new legislation also provides for the possibility of granting a residence permit valid for 30 days (reflection period) to victims or witnesses of trafficking allowing them to recover and escape the influence of the perpetrators of the offences so that they can take an informed decision as to whether to cooperate with the competent authorities. The reflection period may be extended if needed. During the victims’ stay in Sweden, they are entitled to health care and medical attention, as well as financial aid. If necessary, accommodation in sheltered housing may be arranged by the social authorities. Under the Social Services Act, the social welfare committees bear the ultimate responsibility for ensuring that everyone living in their municipality receives the assistance and support they need, irrespective of whether or not they are crime victims and regardless of age or sex.

Question 19

The Government is in the process of appointing an inquiry to evaluate the effects of the legislation criminalising the purchase of sexual services (see below). There is no comprehensive statistical data on women in prostitution, however the statistics from 2006 on the purchase of sexual services show 133 men suspected of buying sexual services and 108 convictions. This data does not differ between ”clandestine”/indoor prostitution or street prostitution. Many of those convicted of purchasing sexual services have been buyers of women and girls in brothels operated by traffickers, which shows that the legislation is used both against street and indoor prostitution.

The policy of criminalising the purchase of sexual services is being looked at from different points of view. The Government is planning a study evaluating the prohibition against the purchase of sexual services; the study is scheduled to begin in 2008. It will focus on how the prohibition against the purchase of sexual services and criminalising buyers is actually working and what the effects have been on prostitution and trafficking in human beings for sexual purposes. The National Board of Health and Welfare is going to present a new survey on Prostitution in Sweden in late autumn 2007. Also The National Criminal Investigation Department, which is a national rapporteur on trafficking in human beings, will submit a progress report on trafficking in human beings in late autumn 2007.

The Nordic Council has a research project in progress called Prostitution in Scandinavia. The project will gather information on prostitution and trafficking in human beings for sexual purposes, study how these matters are being handled in the legal and the social systems and also map women’s and men’s attitudes to purchases of sexual services. A concluding conference will be arranged in autumn 2008 and the result from the project will be published on the Nordic Council website.

Stereotypes and education

Question 20

The FLICKA project has been evaluated by The Swedish National Board for Youth Affairs. The impact of the project was rather limited. The outcome of the project is that it made it possible for different local activities for girls to be visible and recognized during the FLICKA days; the days served as a meeting place where young people and adults could discuss conditions for girls; the cooperation between local activities for young people has improved; issues concerning conditions for girls have a higher standing; and professionals in school have obtained tools to use in education on gender equality.

The inquiry on sex discrimination in advertising was appointed by the Government in July 2006 and will report its findings to the Government no later than 31 December 2007.

The projects concerning sexualisation of the public sphere (see para 128 in the report) were reported to the Government in 2006. The reports show, among others, that the projects functioned as an important arena for parents and young people to discuss attitudes and the way women and men are portrayed in the media and on Internet.

The Riksdag (the Swedish Parliament) adopted the Government Bill on public service radio and TV in June 2006. The Bill states that equality between women and men is a clear aspect of the fundamental democratic ideal of equal rights for all. The licence period for the public service broadcasters started on 1 January 2007 and will run until 31 December 2009.

Question 21

Some of the activities to eliminate gender stereotypes in educational curricula listed in the report are ongoing, for example, gender equality continues to be a priority area in the work of the Agency for School Improvement, and the Swedish National Agency for Education continues to take gender into account when drafting syllabuses. In 2005, UmeåUniversity carried out an evaluation of the training of pedagogical resource personnel with skills in gender equality. In the final report the University stressed that the project was successful and suggested, among other things, that more teachers should be given the opportunity to achieve skills in gender equality.

Question 22

The Government has instructed universities and other higher education institutions to submit annual reports on measures taken to assure an equal gender distribution: - in educational programmes with an unequal gender distribution, such as teacher training, education and training for medical and paramedical professions and engineering, - in areas related to postgraduate studies with an unequal gender distribution.

Universities and other higher education institutionsare also required to report to the Government in what way a gender equality perspective has been taken into consideration in higher education programmes.

In 2006, the proportion of women and men among professors was 17 per cent women and 83percent men and the proportion of women and men among senior lecturers in higher education was 37 per cent women and 63 per cent men.

Employment and reconciliation of work and family life

Question 23

The National Institute for Public Health (NIPH) mainly disseminates the methodology compiled in the report through other information providers, i.e. individuals and organisations who cooperate in various ways with municipal decision-makers. Other channels for dissemination are the NIPH web site, which provides information about sources of information on different forms of parental support and contains links to associations and institutions offering training of group leaders; personal contacts and approximately 80 conferences around the country; written material produced by the NIPH; and telephone and email consultations.

In September 2007, the NIPH organised a national conference at which a DVD-based method of support for parents was introduced. The DVD in question was produced in cooperation with two associations for adult education the SV popular education association and the Workers' Educational Association. In the autumn of 2007 pilot studies will be carried out using the Family Workshop material, in some 10 municipalities. If the material works out well, it will be disseminated in the spring of 2008. The dissemination process is not yet finalized, but the SV popular education association and the Workers' Educational Association will be actively involved.

Question 24

After the election in September 2006 the Government decided to withdraw the Action Plan for Equal Pay. Within the framework of a policy for full employment and less exclusion the Government is seeking to reduce differences in conditions and opportunities between women and men concerning work and entrepreneurship. In order to create the conditions for analysis, monitoring and the coordination of measures, the Government intends to draft a concerted strategy during 2008 concerning gender equality in the labour market and business. For example, theGovernment announced in the 2007 Budget Bill that SEK 100 million per year is being used in 2007–2009 to promote women’s entrepreneurship and increase knowledge about and research on women’s enterprise. Furthermore, the Government recently raised the maximum level of the micro-loans (mentioned in para 271 in the report) from 50 000 SEK to 100 000 SEK, these loans are in great demand in Sweden, not least among women.

Question 25

To reduce the imbalance between women and men in occupations and sectors in the labour market, a range of other political areas and issues have to be addressed over and above labour market issues. For example, taxation, childcare, parental leave, education are all important areas, which must be scrutinised in order to see how initiatives in different policy areas all could contribute to achieving a more gender-balanced labour market.

The Labour Market Board (AMS) has been tasked by the Government with reducing gender segregation in the labour market. Staff at the Swedish Labour Market Administration (AMV) has taken the initiative for a ”Gender Desegregation Project”. The main focus is to counteract gender-bound vocational choices. Priority areas for 2007 are cooperation with employers; projects intended mainly for men and women respectively; and developing methods for counteracting gender-bound vocational choices.

Question 26

The Government is considering the conditions for introducing a gender equality bonus in the parental insurance system that improves the possibilities for men to take greater parental responsibility during the first twelve months of the child’s life and for men and women to share domestic chores. Furthermore, a Government bill on tax relief for household services with the aim of making it easier for women and men to combine family life and work was adopted by the Riksdag in spring 2007.

Health

Question 27

In October 2007, the Swedish Government presented a new political objective for the healthcare sector. The new objective states that all citizens shall be ensured efficient and accessible care based on individual needs and wishes. In setting out the implications of objective, the Government underlined the importance of giving the gender equality perspective particular attention. Women and men must be guaranteed medical treatment on equal terms and based on individual needs.

In order to further strengthen the knowledge base on gender inequalities in healthcare, several measures have been initiated by the Government. For example, from 2008 the national database for presenting easily accessible information on waiting times for different treatments will be disaggregated by sex, making it possible to visualize and further analyze the existence of inequalities in access to different treatments. Furthermore, the Government has substantially increased the budget resources for research on women’s health.

The report by the National Board of Health and Welfare, presented in 2004, points out a number of challenges where the healthcare regions and county councils are responsible for taking appropriate measures. The Swedish Association for Local Authorities and Regions therefore presented a report in September 2007 that gives an overview of areas that need special attention in the next few years. Better education and awareness among healthcare professionals on the existence of gender inequalities is highlighted as a matter of particular importance.

Question 28

The Government has decided to appoint a working group within the Ministry of Health and Social Affairs whose remit will be to consider how work on preventing unwanted pregnancies may best be developed among adults and young people. The working group is to complete its work no later than 15 September 2008. The Government has also instructed the National Board of Health and Welfare to survey work on the prevention of unwanted pregnancies currently being carried out at youth counselling centres, student health clinics and the like. The Board is also expected to describe and analyse the approaches taken in such work and, where necessary, to suggest concrete improvements and develop indicators for youth counselling centres, student health clinics, etc. to enable the processes and results of their work to be openly reported, evaluated and compared. The results of this assignment will be reported no later than 15 May 2008. In addition, the Government is currently reviewing all compulsory school curricula, one of which deals with education in sex and cohabitation issues.

In June 2007 the Government presented a bill (Govt Bill 2006/07:124) to the Riksdag proposing to amend the Abortion Act to remove the requirement that a woman has to be a Swedish citizen or resident in Sweden to have an abortion or terminate a pregnancy. This requirement is not compatible with the case-law of the European Court of Justice concerning free movement. Nor is requiring Swedish citizenship or residence in Sweden compatible with the principle of equal treatment that is applicable within the Community. The Bill proposed that the amendments to the Act enter into force on 1 January 2008. The Bill was adopted by the Riksdag in November 2007. Minority, immigrant and refugee women.

Question 29

The task of the Office of the Ombudsman against Ethnic Discrimination (DO) is to ensure compliance with Swedish anti-discrimination legislation as regards discrimination on the grounds of ethnic origin, religion or other belief. Over the past five years, DO has been given a broadening remit as a result of the new anti-discrimination legislation that came into force in 2003. As the Office’s remit has grown, it has also received substantially more government funding in recent years. In order to improve supervision of the applicable legislation and to reach more vulnerable individuals, the DO has been given a further SEK 13 million in funding as from 2007.

In accordance with the Ordinance on Government Support to Activities that Prevent and Counteract Discrimination (2002:989), support may be awarded to organisations and foundations for activities aimed at preventing and combating discrimination on grounds of sex, ethnic origin, religion or other belief, disability and sexual orientation. In Sweden, there are several local anti-discrimination bureaus. The task of the bureaus is to provide advice, support and information, free of charge, to persons who are discriminated against due their ethnicity, religion or belief, gender, sexual orientation or disability. The need for additional expertise at the bureaus on all the grounds for discrimination has been raised on several occasions and there is ongoing cooperation for that purpose between the anti-discrimination bureaus and DO, the Office of the Disability Ombudsman (HO), the Office of the Ombudsman Against Discrimination on Grounds of Sexual Orientation (HomO) and the Office of the Equal Opportunities Ombudsman (EOO). In light of the need for greater expertise, this cooperation will be further developed as regards advice, support and training given by the various Ombudsmen to the anti-discrimination bureaus. The funding for the anti-discrimination bureaus has been increased by SEK 4 million in 2007 and 2008 respectively.

The report concerning discrimination of Roma in Sweden from the special assignment carried out by the DO (see para. 51 in the report), presented in 2004, contained a number of proposals, on how to improve the situation for Roma in Sweden. The proposals have been the subject of further discussion in the Government Offices. One result is that the DO has been asked by the Government to concentrate more on issues concerning discrimination of Roma. As from 2005, it has also received more funding for this and similar measures aimed at counteracting discrimination.

In the autumn of 2006, the Government appointed a Delegation for Roma Issues with the task of improving the situation of the Roma in Sweden. The delegation consists of ten members, half of whom are of Roma origin. A number of experts and a broad reference group consisting of representatives of the Roma organisations have also been appointed by the Government. One of the Delegation’s first tasks is to gather experience and knowledge in the area and submit proposals for how the living conditions of Roma in Swedish society can be improved. The Delegation is also to promote and support municipal projects and activities aimed at improving the situation of Roma. Finally, the Delegation is to inform and disseminate knowledge about Roma and their situation in Sweden and encourage the exchange of knowledge and experience among central agencies and municipalities. In its activities, the Delegation will draw particular attention to the conditions for Roma children and young people, the need for support and the situation for women and girls. A gender equality and child rights perspective is to be fully integrated into the Delegation’s analyses and proposals. The work also presupposes a close dialogue and cooperation with Roma – both women and men as well as girls and boys. The Delegation is to present its final report in December 2009 and will then put forward proposals for how work on improving the situation of Roma in Sweden is to continue.

In December 2007 Sweden is arranging a conference on Roma women’s rights in cooperation with the Council of Europe and the European Union Agency for Fundamental Rights. The objective is to provide a forum for discussion and the sharing of information and good practices between policy-makers and Roma networks across Europe on the challenges facing Roma women today. The core element of the Conference is the opportunity for Roma women to express their concerns on the trafficking of human beings, reproductive rights, and access of Roma communities to public health care, in particular. It will also examine how Roma women can positively influence Roma policies implemented in Europe today.

Forced and early marriage

Question 30

In 1999–2001 there were 45 exemptions for early marriages, and 15 of these concerned foreign citizens. After the legislative changes in May 2004 the number exemptions given has dropped significantly.According to statistics there were 7 married girls under the age of 18 (December 31, 2006). Six of them were foreign citizens. Sweden has no statistics available on the occurrence of forced marriage. In the recently adopted action plan to combat men’s violence against women, the Government announced it intends to investigate and map marriages arranged against the will of a person and study the level of knowledge and competence concerning these marriages within the authorities concerned.

The definition of a refugee in the Alien’s Act includes those who have a well-founded fear of persecution on grounds of gender, as well as other membership of a particular social group (Chapter 4, Section 1, first paragraph). This specific definition came into force 2006. Consequently, a person who faces forced marriage can be granted refugee status. One judicial decision from a Migration Court can be mentioned as an example on how the law is applicable. A fifteen year-old girl had left her country of origin in order to avoid a forced marriage. The country has legislation against forced marriages and marriages for women under the age of 17. The Court made the following ruling. The legislation against forced marriages in the country of origin is relatively new and there is reason to believe that this legislation is not obeyed to its full extent at all levels of the society. Entering into marriage with free and full consent is ahuman right, and a forced marriage is a violation of the girl’s rights. This violation is considered to be persecution attributable to her gender and membership of a particular social group. It cannot be assumed that the girl will receive protection from the authorities in her country of origin due to the structure of the society and the fact that she is under age, and therefore more vulnerable. The Court granted the girl refugee status.

In February 2006, the Government appointed an inquiry to analyse whether the penal legislation offers sufficient protection against forced and child marriage. The inquiry is to propose necessary amendments to the law and is to complete its work by April 2008 at the latest.