Committee on the Rights of Persons with Disabilities

Concluding observations on the combined second and third periodic reports of Sweden *

I.Introduction

1.The Committee considered the combined second and third periodic reports of Sweden at its 700th and 701st meetings,held on 11 and 12 March 2024. It adopted the present concluding observations at its 714th meeting, held on 20 March 2024.

2.The Committee welcomes the combined second and third periodic reports of Sweden, which were prepared in accordance with the Committee’s reporting guidelines, in responseto a list of issues prior to reporting prepared by the Committee.

3.The Committee expresses its appreciation for the constructive dialogue held with the State party’s delegation, which covered a wide array of issues and included representatives of relevant government ministries who provided further clarifications on the questions posed by the Committee. The Committee also expresses its appreciation for the active participation of the Swedish Institute for Human Rights, in its capacity as the national human rights institution and independent monitoring mechanism pursuant to article 33 (2) of the Convention.

II.Positive aspects

4.The Committee welcomes the measures taken by the State party to implement the Convention, following the recommendations of the Committee contained in its concluding observations on the initial report of the State party. It welcomes in particular the legislative and policy measures taken to promote the rights of persons with disabilities, including the following:

(a)Establishment of an interdepartmental working party by the Ministry for Children, the Elderly and Gender Equality, to support the implementation of the disability policy, in 2017;

(b)Establishment of the Swedish Institute on Human Rights, in 2021;

(c)Adoption of the strategy for systematic follow-up of the national objective on disability policy, in 2021;

(d)Incorporation of the Convention on the Rights of the Child into the State party’s national law, in 2020.

III.Principal areas of concern and recommendations

A.General principles and obligations (arts. 1–4)

5.The Committee is concerned about a gradual return to the medical model in many areas of the law, in particular in the social security and disability support systems and that the definition of disability in section 5 (4) of the Discrimination Act of 2008 is solely focused on the impairments and does not extend to the societal barriers resulting in disabilities.

6. The Committee recommends that the State party harmonize the definition of disability in laws and policies with the human rights model of disability and revise, in particular, the definition of disability in the Discrimination Act as the result of the interaction between impairment and socially constructed barriers.

7.The Committee is concerned that:

(a)The budget for measures to implement the economic, social and cultural rights guaranteed by the Convention has decreased as a percentage of gross domestic product over an extended period of time;

(b)The Convention has not been fully incorporated into domestic Swedish law and therefore does not provide a basis for legal claims in administrative and judicial procedures;

(c)There is a lack of a systematic review of existing laws, policies and regulations to ascertain the legislative action required to conform with the obligations under the Convention;

(d)The judiciary and administrative bodies do not generally interpret domestic law in the light of the Convention, even in areas where the respective interpretive scope would exist.

8. The Committee recommends that the State party:

(a) Take measures to progressively achieve the full realization of the economic, social and cultural rights under the Convention and ensure that no retrogressive measures are taken;

(b) Review the status of the Convention in its legal system and fully incorporate it into domestic law, as recommended in its previous concluding observations;

(c) Systematically review existing laws, policies and regulations to ascertain the legislative action required to conform with the obligations under the Convention and establish human rights-based action plans with a clear concept of disability that contain measures to promote, protect and fulfil the rights under the Convention;

(d) Ensure that its judicial and administrative bodies effectively apply the rights enshrined therein in individual cases, be it as bases for claims of action or as guidance for the interpretation of domestic law.

9.The Committee notes that the current disability policy improves the monitoring of municipalities in their efforts to implement the Convention. It is concerned however about the following:

(a)Wide discrepancies in the implementation of the Convention among the regions and the municipalities;

(b)Insufficient monitoring of the implementation of the Convention by the regions and municipalities at the national level;

(c)Insufficient legal remedies, complaint procedures and redress mechanisms for persons with disabilities against the inadequate implementation of the Convention by the regions and municipalities.

10. The Committee recommends that the State party:

(a) Bearing in mind its obligations under article 4 (5) of the Convention, improve coordination among the regions and municipalities in their efforts to implement the Convention, ensure that their measures to implement the rights of persons with disabilities are in accordance with their obligations under the Convention and provide persons with disabilities and their representative organizations with effective remedies against inadequate implementation on the regional and municipal levels;

(b) Establish a mechanism at the national level to monitor the effective implementation of the Convention by the regions and municipalities, with binding targets, indicators and effective measures to remedy discerned insufficiencies;

(c) Establish effective complaint procedures and redress mechanisms against the insufficient implementation of the Convention by the regions and municipalities that is accessible for individuals and organizations of persons with disabilities.

11.The Committee is concerned about the lack of systematic and institutionalized engagement with organizations of persons with disabilities, including organizations of persons with intellectual and/or psychosocial disabilities, of women with disabilities, of children with disabilities and of national minorities with disabilities, in all matters affecting them, and of legally entrenched processes to this end.

12. Recalling the Committee ’ s general comment No. 7 (2018), the Committee recommends that the State party:

(a) Develop and implement legally entrenched procedures for the close consultation and active involvement of organizations of persons with disabilities, including organizations of persons with intellectual and/or psychosocial disabilities, women with disabilities, children with disabilities and national minorities with disabilities, in all matters affecting them, set standards governing these procedures, guaranteeing, among other things, sufficient time for their responses and providing all relevant documents in accessible formats;

(b) Strengthen the capacity of organizations of persons with disabilities, including persons with intellectual and/or psychosocial disabilities, women with disabilities, children with disabilities and national minorities with disabilities, to actively participate in all processes designed to implement the Convention and allocate sufficient funds for such organizations.

B.Specific rights (arts. 5–30)

Equality and non-discrimination (art. 5)

13.The Committee is concerned about the following:

(a)That the Discrimination Act does not contain any explicit provisions on intersectional and multiple forms of discrimination;

(b)That the State party’s legislation, including the Discrimination Act, does not define the denial of reasonable accommodation as a form of discrimination throughout the legal system, but that reasonable accommodation is confined to a few selected areas, and that the concept of inadequate accessibility used by the State party is too narrow;

(c)That there is a lack of data about hate crime against persons with disabilities and that hate speech against persons with disabilities is not prohibited under the specific hate crime legislation;

(d)That police activities cannot be challenged under the Discrimination Act, in particular the introduction of new “visitation zones” that have a higher risk for persons with disabilities to be stopped, searched and interrogated without probable cause;

(e)That not all persons who are blind or partially sighted are eligible for support services under the Act on Support and Service for Persons with Certain Functional Impairments, or other support schemes, and need to bear additional cost for support, inhibiting them from participation in political and public life, cultural life, recreation, leisure and sport;

(f)That there is a lack of implementation of the recommendations issued in Sahlin v. Sweden.

14. Recalling its general comment No. 6 (2018), the Committee recommends that the State party:

(a) Review the Discrimination Act to provide for explicit protection from multiple and intersectional forms of discrimination, including discrimination based on the intersection between disability and another status, such as age, sex, gender, race, indigeneity, lesbian, gay, bisexual, transgender and intersex status, ethnicity, migration status or national origin;

(b) Amend the Discrimination Act, as well as other relevant legislation and policies, to rescind the restrictions on the prohibition of inadequate accessibility with respect to persons seeking work or housing and private persons, and include an express guarantee of reasonable accommodation consistent with article 2 of the Convention that is applicable in all areas of the law;

(c) Amend the national legislation on hate crimes to include provisions on hate crimes against persons with disabilities and ensure the collection and analysis of data on hate crimes specifically against persons with disabilities;

(d) Ensure that all discriminatory actions by the police force can effectively be challenged in a court of law;

(e) Extend the provision of support to all persons with disabilities who are blind or partially sighted, under national legislation, including the Act on Support and Service for Persons with Certain Functional Impairments, in order to improve their participation in political and public life, cultural life recreation, leisure and sport;

(f)Extend its policy to adhere to recommendations issued in the procedure under article 2 of the Optional Protocol to the Convention, as practised with respect to interim measures in communications in asylum cases, to all recommendations issued under this procedure, implement the recommendations issued in Sahlin v. Sweden and ensure adherence to recommendations under this procedure in the future.

Women with disabilities (art. 6)

15.The Committee is concerned about the following:

(a)The lack of a comprehensive intersectional approach to ensure that issues pertaining to women and girls with disabilities, including migrant and national minority women and girls with disabilities, are mainstreamed into both gender and disability legislation and policies;

(b)The lack of disaggregated data about the situation of women and girls with disabilities and on the impact of legislation and public policies on their rights under the Convention.

16. The Committee, recalling its general comment No. 3 (2016), reiterates its previous recommendation and the recommendations of the Committee on the Elimination of Discrimination against Women and recommends that the State party, at the national, regional and municipal levels:

(a) Strengthen measures and policy mechanisms to ensure that the rights of women and girls with disabilities, including migrant and national minority women and girls with disabilities, are comprehensively mainstreamed into all gender equality ‑ related and disability-related legislation and policies;

(b) Ensure that data collection systems and impact assessments of legislation and policies include indicators and disaggregated data on women and girls with disabilities.

Children with disabilities (art. 7)

17.The Committee is concerned about the following:

(a)That children with disabilities are exposed to multiple and intersecting forms of discrimination, including in education, access to social services and personal assistance in the community, institutionalization, ill-treatment, violence and abuse, including sexual violence, in institutions;

(b)That parents of children with disabilities, in particular children with intellectual and/or psychosocial disabilities, neurodivergent children, including autistic children, and children with Down syndrome, are not provided with adequate information or the requisite support by medical personnel;

(c)That there are insufficient measures to ensure that the views of children with disabilities are heard in all decisions affecting them, including in criminal and asylum procedures.

18. The Committee, recalling its joint statement with the Committee on the Rights of the Child on the rights of children with disabilities and the recommendations of the Committee on the Rights of the Child, recommends that the State party:

(a) Strengthen the implementation of national legislation on children ’ s rights by ensuring that it is inclusive of all children with disabilities in all areas of life and foster safe and nurturing children ’ s environments, respectful of the life and dignity of children with disabilities, on an equal basis with other children;

(b) Ensure the availability, accessibility and quality of inclusive early intervention services, as well as mobility aids, devices, assistive technologies and transportation, for children with disabilities and adequate information and necessary support for their parents;

(c) Guarantee the respect of the evolving capacities of children with disabilities to ensure that they can form their own views and express them freely in all matters affecting them, including in criminal and asylum proceedings, ensure that their views are given due weight in accordance with their age and maturity, and ensure that they receive disability- and age-appropriate support to realize their right to be heard.

Awareness-raising (art. 8)

19.The Committee is concerned about the following:

(a)Negative attitudes against persons with disabilities, in particular against persons with intellectual and/or psychosocial disabilities, permeating processes and decisions on prenatal testing and abortion, geared towards the extinction of certain types of intellectual impairments;

(b)The persistence of stereotypes, negative attitudes and hate speech in the State party towards persons with disabilities and in particular persons with disabilities who face multiple and intersecting forms of discrimination;

(c)The lack of awareness among the general public, public officials and decision makers of the rights of persons with disabilities and persons with disabilities’ requirements, especially in the areas of work, education and housing.

20. The Committee recommends that the State party:

(a) Ensure that medical and social advice on prenatal testing and abortion rendered by professional staff does not convey negative attitudes against persons with intellectual and/or psychosocial disabilities and is not aimed at extinguishing certain types of impairments;

(b) Carry out media campaigns aimed at eliminating prejudices, negative stereotypes, harmful practices and hate speech in all aspects of life and advancing sustained and systemic attitudinal change, in particular focusing on women and girls with disabilities, persons with intellectual and/or psychosocial disabilities and children with disabilities;

(c) Reinforce and increase intensive training courses on the rights of persons with disabilities and the human rights model of disability for students, judges, law enforcement officers, police, teachers, health-care professionals and members of the community at large.

Accessibility (art. 9)

21.The Committee is concerned about the following:

(a)That the legal provisions and rules on accessibility in all areas of life, including in public procurement, are not evenly enforced across the State party’s territory and that there is a lack of measures to mainstream universal design in all domains of life, including in public transport, buildings, facilities, public spaces and services, as well as physical, informational, communicative and digital access, in research and in new technology, such as artificial intelligence;

(b)The lack of an institutionalized mechanism for the participation of organizations of persons with disabilities in the development of accessibility standards and the lack of complaint procedures for violations of such standards available to persons with disabilities and their representative organizations;

(c)Barriers faced by persons with disabilities with regard to digital accessibility and electronic identification.

22. Recalling its general comment No. 2 (2014), the Committee recommends that the State party:

(a) Ensure that national, regional and municipal legislation provide for accessibility in all areas of life, including in public procurement, in accordance with article 9 of the Convention, and that such legislation is effectively and evenly enforced and promote universal design in the development of standards and guidelines;

(b) Establish institutionalized mechanisms for close consultation with and the active involvement of persons with disabilities, through their representative organizations, in the processes for the development of accessibility standards and complaint mechanisms for persons with disabilities and their representative organizations to lodge complaints of violations of their right to accessibility;

(c) Ensure digital accessibility and electronic identification for persons with disabilities.

Right to life (art. 10)

23.The Committee notes the information provided by the State party’s delegation on the training provided to the police force and the development of a handbook on interacting with persons with psychosocial disabilities, as well as a planned strategy for mental health and suicide prevention, which is going to include a disability perspective. However, it notes the following with concern:

(a)The disproportionately high use of firearms by the police force against persons with psychosocial disabilities and a substantial rise in the use of firearms by the police force in recent years, as evidenced in the report of the police force on the police authority’s use of special aids for the use of force, covering the period to 31 December 2022;

(b)The lack of measures taken to prevent avoidable deaths among persons with disabilities in institutions.

24. The Committee recommends that the State party:

(a) Strengthen training for law enforcement officers in order to avoid the excessive use of force and firearms, in particular with regard to persons with psychosocial disabilities and persons with disabilities from intersecting backgrounds of marginalization;

(b) Develop a comprehensive approach to prevent avoidable deaths among persons with disabilities still in institutions, including by providing training to all professionals working with persons with disabilities, such as health, social, education and community workers, and ensure that criminal acts are effectively prosecuted.

Situations of risk and humanitarian emergencies (art. 11)

25.The Committee is concerned about the following:

(a)The lack of an overarching disability-inclusive human rights-based strategy for disaster risk reduction, humanitarian action and emergency management, including public health emergencies, to coordinate prevention and response measures across national and local levels;

(b)The extent to which the climate policy framework is disability-inclusive, including for Sami people with disabilities;

(c)That persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities and neurodivergent persons, do not receive effective communication during situations of risk and emergencies;

(d)That refugees and asylum-seekers with disabilities and persons under temporary protection from Ukraine do not receive adequate access to essential services and disability-related support.

26. Recalling the Sendai Framework for Disaster Risk Reduction 2015–2030 and the Guidelines on the Inclusion of Persons with Disabilities in Humanitarian Action, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations:

(a) Develop an overarching disability-inclusive human rights-based strategy for all situations of risk and humanitarian emergencies, including public health emergencies, climate change and disaster risk reduction, to ensure coordination at the national, regional and municipal levels;

(b) Take measures to ensure that the implementation of the climate policy framework is disability-inclusive, including for Sami people with disabilities, and consistent with the United Nations Framework Convention on Climate Change;

(c) Ensure that all persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities and neurodivergent persons, in situations of risk and humanitarian emergencies, including public health emergencies, have access to accessible modes of communication and information, including Easy Read, Braille and sign language;

(d) Ensure that refugees and asylum-seekers with disabilities, including persons under temporary protection from Ukraine, have access to essential services and disability-related support, including accessible communications, accessible housing, adequate livelihoods, assistive devices and support for entering the labour market.

Equal recognition before the law (art. 12)

27.The Committee is concerned about the following:

(a)The lack of measures taken to replace substitute decision-making regimes with supported decision-making mechanisms;

(b)The limited support measures for persons with disabilities to exercise their legal capacity on an equal basis with others;

(c)The lack of nationally consistent application of, and unequal access to, across municipalities, the support provided by the Personligt Ombud programme;

(d)The insufficient training on supported decision-making and its application, in particular within the judicial system.

28. Recalling its general comment No. 1 (2014), and in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, the Committee recommends that the State party:

(a) Eliminate all forms of substitute decision-making and replace them with a system of supported decision-making that respects the will, preference and autonomy of persons with disabilities;

(b) Develop a national comprehensive strategy for the implementation of supported decision-making mechanisms with appropriate and proportionate safeguards across all levels of national, regional and municipal governments;

(c) Review the Personligt Ombud programme to consider its application to all persons with disabilities and to ensure national coordination and consistency across municipalities;

(d) Develop and provide training programmes on supported decision-making across government agencies and other relevant sectors, including the justice, health, banking and finance and social services sectors.

Access to justice (art. 13)

29.The Committee is concerned about barriers to access to justice for persons with disabilities, including the following:

(a)Limited procedural and age-appropriate accommodations, in particular for neurodivergent persons;

(b)Limited knowledge, training and competence within the justice system regarding the rights of persons with disabilities, including disability-specific interviewing techniques for children and adults with disabilities;

(c)Limited access to the legal aid system and financial barriers to obtaining legal representation for persons with disabilities.

30. Recalling the International Principles and Guidelines on Access to Justice for Persons with Disabilities, the Committee recommends that the State party, in close consultation with and with the active involvement of organizations of persons with disabilities, develop a national disability justice strategy that includes the following:

(a) Measures to amend procedural rules in criminal, civil, labour and administrative law that ensure procedural and age-appropriate accommodations for persons with disabilities on a no-cost basis;

(b) Appropriate training for those in the justice system, including members of the judiciary, police officers, prosecutors and prison personnel, on the application of the standards and principles under the Convention to ensure access to justice;

(c) Review the Legal Aid Act to remove financial barriers to legal representation, in particular for administrative and discrimination law cases.

Liberty and security of person (art. 14)

31.The Committee is concerned that:

(a)Persons with disabilities can be deprived of their liberty on the basis of impairment and that there are barriers to discharging persons from psychiatric institutions, including prolonged time frames, due to limited community housing options;

(b)The indeterminate detention of persons with disabilities who are deemed “unfit” to stand trial.

32. Recalling its guidelines on the right to liberty and security of persons with disabilities and its guidelines on deinstitutionalization, including in emergencies, the Committee recommends that the State party take all legislative, administrative, policy and judicial measures necessary:

(a) To repeal all laws and abolish practices that allow for the deprivation of liberty on the basis of impairment, including mental health laws, and ensure access to appropriate, accessible community housing and supports;

(b) To amend and/or repeal legislation that restricts the legal capacity of persons with disabilities and that allows for harsher measures against persons with disabilities than other defendants convicted of the same crimes, such as indeterminate detention, and guarantee access to justice for persons with disabilities on an equal basis with others throughout judicial proceedings.

Freedom from torture or cruel, inhuman or degrading treatment or punishment (art. 15)

33.The Committee is concerned about the following:

(a)The prevalent use of coercion and restrictive practices and the application of electroconvulsive therapy and medical treatments without consent in group homes, special housing environments and all forms of institutions for children and adults with disabilities, including psychiatric institutions;

(b)The lack of effective oversight mechanisms for children and adults with disabilities in places of detention, social care institutions, group homes and privately managed facilities and the lack of implementation of recommendations from existing oversight mechanisms, including the national preventive mechanism.

34. The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, take all legislative, administrative and judicial measures necessary:

(a) To prohibit the use of coercion and restrictive practices and the application of electroconvulsive therapy and medical treatments without consent for children and adults with disabilities still in group homes, special housing environments and all forms of institutions, including psychiatric institutions, establish alternative non-coercive, age-appropriate support measures and provide training in these measures for all staff;

(b) To strengthen existing oversight mechanisms to ensure regular inspections of places of detention, social care institutions, group homes and privately managed facilities, ensure regular public reporting to the parliament and establish mechanisms to facilitate prompt implementation of recommendations.

Freedom from exploitation, violence and abuse (art. 16)

35.The Committee is concerned about the following:

(a)The prevalence of all forms of exploitation, violence and abuse against children and adults with disabilities, in particular women and girls with disabilities;

(b)The directives to the government inquiry into special residential homes omitting explicit reference to the Convention;

(c)That persons with disabilities who are subjected to violence in institutional settings are not recognized as victims of crime.

36. The Committee recommends that the State party, in close consultation with and with the active involvement of organizations of persons with disabilities, in particular organizations of women and girls with disabilities:

(a) Develop a comprehensive and effective violence prevention and response strategy, in line with the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, that responds to gender- and age ‑ specific requirements to address all forms of violence against children and adults with disabilities in all settings, including in institutions, and take measures to ensure access to justice, gender- and age-appropriate supports and rehabilitation;

(b) Take immediate action to ensure that the government inquiry into special residential homes is explicitly underpinned by the standards and principles of the Convention, along with the Convention on the Rights of the Child and the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights);

(c) Take all legislative, administrative and policy measures necessary to ensure that children and adults with disabilities who are subjected to violence in institutional settings, including compulsory care, are recognized as victims of crime to ensure reporting, investigation and prosecution on an equal basis with others.

Protecting the integrity of the person (art. 17)

37.The Committee is concerned about the unnecessary, invasive or irreversible medical interventions that modify the sex characteristics of intersex children.

38. The Committee recommends that the State party closely consult and actively involve representative organizations of intersex persons to ensure comprehensive protection for intersex children from unnecessary, invasive or irreversible medical interventions that modify sex characteristics.

Liberty of movement and nationality (art. 18)

39.The Committee is concerned about the following:

(a)The negative impact of the Tidö Agreement on migrants with disabilities and their access to all forms of welfare, including health care, personal assistance and housing, and proposals to limit access to citizenship to those who can support themselves for eight years;

(b)The lack of uniform application of legislation on the provision of support services in different regions and municipalities, resulting in loss of some support services when moving from one municipality to another.

40. The Committee recommends that the State party take all legislative, administrative and other measures necessary:

(a) To ensure that access to all forms of welfare and essential support, including disability-specific support, for migrants with disabilities is available without discrimination;

(b) Develop a national framework, in close consultation with and with the active involvement of organizations of persons with disabilities, for ensuring mobility of support services across municipalities.

Living independently and being included in the community (art. 19)

41.The Committee is concerned about the following:

(a)Increased restrictions on personal assistance, the loss of personal assistance for 1,500 persons with disabilities between 2015 and 2022, the lack of opportunity to apply for personal assistance for persons over 66 years of age and the variation of personal assistance between municipalities;

(b)The increased rates of institutionalization among children and adults with disabilities;

(c)Persons with disabilities being denied the right to choose their place of residence and where and with whom they live on an equal basis with others.

42. Recalling its general comment No. 5 (2017), its guidelines on deinstitutionalization, including in emergencies, and the report of the Special Rapporteur on the rights of persons with disabilities on the transformation of services for persons with disabilities, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, take immediate action to develop and implement a national deinstitutionalization strategy that includes the following:

(a) Legislative, administrative, policy and other measures to ensure nationally consistent access to individualized personal assistance and support to all persons with disabilities, including the 1,500 persons with disabilities who lost personal assistance between 2015 and 2022, and to persons with disabilities over the age of 66;

(b) Independent monitoring of institutions until they are closed;

(c) Relevant policies to close existing institutions and to prevent the reinstitutionalization of persons with disabilities;

(d) Measures to strengthen the support system for children with disabilities to live with their families or grow up in family environments instead of institutions;

(e) Measures to remove barriers for persons with disabilities to choose where and with whom they live, including an increase in the supply of safe, affordable and accessible community-based housing.

Personal mobility (art. 20)

43.The Committee is concerned about the lack of “accompanying person service” to support personal mobility, including for persons with disabilities still in special accommodation, older persons with disabilities, persons with disabilities still in group homes and persons who are blind.

44. The Committee recommends that the State party enhance measures to support personal mobility, including a national programme for the provision of the accompanying person service to support personal mobility, in particular for persons still in special accommodation, older persons with disabilities, persons with disabilities still in group homes and persons who are blind.

Freedom of expression and opinion and access to information (art. 21)

45.The Committee is concerned about shortcomings in the dissemination of government information in accessible formats, such as accessible information in minority languages, Plain Swedish, sign language, Easy Read, Braille and tactile, augmentative and alternative means of communication.

46. The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations, take all measures necessary, based on international and European standards, to ensure that information intended for the general public is available in accessible formats and through assistive technology for all persons with disabilities, in a timely manner and without additional cost, in particular during emergencies.

Respect for privacy (art. 22)

47.The Committee is concerned about the lack of comprehensive measures ensuring data protection and the right to privacy concerning the personal, medical and rehabilitation information of persons with disabilities, in particular with regard to assessments of needs for services, including personal assistance.

48. The Committee recommends that the State party adopt all measures necessary, including the revision of data protection laws, to ensure data protection and the right to privacy and set up data protection protocols and secure systems to guarantee the privacy of the personal, health and rehabilitation information of persons with disabilities, on an equal basis with others.

Respect for home and the family (art. 23)

49.The Committee is concerned about the following:

(a)The lack of resources and adequate support mechanisms from the municipal authorities to support parents with disabilities and families with children with disabilities;

(b)The discrimination against persons with disabilities during family reunification procedures, given that the right to family unification is conditional on detailed income and housing requirements.

50. The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations:

(a) Ensure the realization of the right to family life, the provision of support to parents with disabilities and parents of children with disabilities and the eradication of prejudices among the service providers and municipal authorities, in particular in remote areas;

(b) Review the rules on family reunification to ensure that persons with disabilities are not disadvantaged by the maintenance requirement.

Education (art. 24)

51.The Committee is concerned about the following:

(a)The increase of segregation measures in education as well as the lack of a clear mechanism to monitor and implement inclusive education;

(b)That the choice for professional and vocational education is restricted and limited only to segregated structures;

(c)The decrease in the allocation of resources for the provision of reasonable accommodation in education, such as personal assistance and support services for students with disabilities;

(d)The insufficient training for teachers and non-teaching staff on the right to inclusive education and the insufficient development of specific skills and teaching methodologies.

52. Recalling its general comment No. 4 (2016) and targets 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State party, in close consultation with and with the active involvement of organizations of persons with disabilities, learners with disabilities and their families:

(a) Develop a national inclusive education strategy to transition from segregated education to inclusive education and establish a mechanism to monitor and enforce the implementation of national legislation on inclusive education;

(b) Ensure that children with disabilities can attend mainstream schools, including by enhancing accessibility and reasonable accommodation for all kinds of disabilities and providing appropriate arrangements for transportation, in particular in remote areas;

(c) Provide students with disabilities with assistive compensatory aids and learning materials in alternative and accessible formats, such as inclusive digital access, modes and means of communication, including Easy Read, communication aids and assistive and information technology, and ensure that there are enough teachers fluent in Swedish sign language;

(d) Guarantee ongoing training for teachers and non-teaching staff on inclusive education at all levels, including training in sign language and other accessible formats of communication, and develop a monitoring system to eliminate all forms of direct and indirect discrimination against children with disabilities and their families;

(e) Allocate further resources to provide reasonable accommodation and dedicated assistance programmes in higher education institutions, including professional training for students with all types of disabilities.

Health (art. 25)

53.The Committee is concerned about the following:

(a)That compared with the general population, persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, persons with disabilities living in remote areas, persons with disabilities still living in institutions and children and women with disabilities, are in significantly poorer health, have higher rates of mortality and suicides and face barriers in access to health services, including sexual and reproductive health, dental care, information and equipment;

(b)The gradual return to a medical approach to disability and the lack of measures taken to ensure that individual needs, preferences and self-determination are respected.

54. Recalling the link between article 25 of the Convention and targets 3.7 and 3.8 of the Sustainable Development Goals, the Committee recommends that the State party:

(a) Take measures to ensure that all persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities, persons with disabilities living in remote areas, persons with disabilities still living in institutions and children and women with disabilities, have access to information on an equal basis with others and to affordable, accessible, high-quality and culturally sensitive medical equipment and health services, including sexual, reproductive and mental health services;

(b) Strengthen the requirements for the systematic participation of persons with disabilities in the planning, design, monitoring and evaluation of accessibility, care processes and working methods in health care and strengthen the implementation of the human rights model of disability.

Habilitation and rehabilitation (art. 26)

55.The Committee is concerned about the inconsistency and limited range of services and providers across the regions and the municipalities and the lack of nationally consistent guidelines and monitoring mechanisms to ensure persons with disabilities receive appropriate habilitation and rehabilitation services.

56. The Committee recommends that the State party develop nationally consistent guidelines, monitoring and evaluation mechanisms to ensure that persons with disabilities can easily select and receive the most relevant and appropriate habilitation and rehabilitation programmes or services in accordance with their choice and preference and can exercise independent living and have access to the labour market.

Work and employment (art. 27)

57.The Committee is concerned about the following:

(a)The high incidence of unemployment among persons with disabilities, in particular women with disabilities and young persons with disabilities, national minority persons with disabilities and migrants with disabilities, as well as the continued discrimination in payment mechanisms for persons with disabilities with “reduced work capacity”;

(b)The discrimination and barriers that persons with disabilities face in their employment, the disparities across the regions and municipalities with regard to the provision of support and the lack of measures to ensure the accountability of employers for not respecting the quotas for the employment of persons with disabilities;

(c)The lack of vocational training and protocols to eliminate discrimination and segregation and to ensure that persons with disabilities have equal opportunities to work and employment.

58. With reference to its general comment No. 8 (2022), the Committee recommends that the State party:

(a) Review the existing national legislation to address systemic, intersectional and structural barriers experienced by persons with disabilities, in particular women with disabilities, young persons with disabilities, national minorities with disabilities, migrants with disabilities and persons with intellectual and/or psychosocial disabilities, and take measures to increase the number of persons with disabilities in open labour market and review the assessment of reduced capacity to work;

(b) Enforce the implementation of the quotas of employment for persons with disabilities in both the public and the private sectors and ensure the accessibility of and reasonable accommodation in workplaces;

(c) Strengthen the vocational and professional training system and take measures to ensure accessibility and inclusiveness, including through the establishment of a complaint mechanism to investigate discriminatory practices on the basis of disability in the field of vocational rehabilitation and work, and ensure the effective transition from vocational and tertiary education to work in the open labour market.

Adequate standard of living and social protection (art. 28)

59.The Committee is concerned about the following:

(a)The higher risk of poverty among persons with disabilities, the insufficient measures to address poverty among persons with disabilities and the lack of regular studies examining the systemic causes of the intersection of poverty and disability to adequately inform governmental policies and plans;

(b)The disparities of support measures for persons with disabilities in different regions and municipalities and the bureaucratic procedure for submitting an application for support;

(c)The lack of access to disability support schemes for asylum-seekers, refugees and migrants with disabilities, including persons with disabilities under temporary protection.

60. Recalling the links between article 28 of the Convention and target 10.2 of the Sustainable Development Goals, which seek to empower and to promote the economic inclusion of all persons, irrespective of disability status, the Committee recommends that the State party:

(a) Take all measures necessary to address the increased risk of poverty among persons with disabilities and mainstream disability into all studies, research, policies and plans related to poverty reduction;

(b) Ensure equal access to support by persons with disabilities, across all regions and municipalities, and simplify procedures for the submission of applications for support;

(c) Provide access to disability support schemes for asylum-seekers, refugees and migrants with disabilities, including persons with disabilities under temporary protection in order to prevent them from falling into poverty.

Participation in political and public life (art. 29)

61.The Committee is concerned about the following:

(a)The low participation of persons with disabilities in public and political life, including in election campaigns, as well as the lack of leadership programmes for persons with all types of disabilities, in particular women;

(b) The lack of accessibility to voting procedures, facilities and materials for all persons with disabilities, in particular for persons with physical, intellectual and/or psychosocial disabilities.

62. The Committee recommends that the State party:

(a) Develop and ensure the implementation of sustainable policies and measures to promote the effective and full participation of persons with disabilities, in particular women with disabilities, in political and public life on an equal basis with others, including the right and opportunity for persons with disabilities to vote and to stand for election, and access to high-level decision-making positions at the national, regional and municipal levels and increase their participation in public services by taking into account indicator 16.7.1 of the Sustainable Development Goals;

(b) Ensure the accessibility of voting material and polling stations, in particular in remote areas, across the regions and municipalities, as well as of election campaigns, including by applying support measures for persons with intellectual disabilities through alternative and augmentative modes of conveying information.

Participation in cultural life, recreation, leisure and sport (art. 30)

63.The Committee is concerned about the barriers to access to recreational, leisure and sport activities for persons with disabilities, in particular persons with intellectual and/or psychosocial disabilities and children with disabilities.

64. The Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities and their representative organizations:

(a) Strengthen mechanisms to ensure that sporting, recreational, cultural and leisure activities are accessible for persons with disabilities;

(b) Ensure that persons with disabilities have access to personal assistance at no cost to practise sport and attend cultural and social activities .

C.Specific obligations (arts. 31–33)

Statistics and data collection (art. 31)

65.The Committee notes that Statistics Sweden carries out surveys on living conditions on an annual basis. However, it is concerned about the following:

(a)The shortcomings in the collection and publication of data on the situation of persons with disabilities across all areas of life, including living conditions, health, education, employment, social protection and the justice system;

(b)The lack of disaggregated data, including in relation to persons with disabilities facing multiple and intersecting forms of discrimination, such as lesbian, gay, bisexual, transgender and intersex persons with disabilities, national minority persons with disabilities, migrant persons with disabilities, including refugees, asylum-seekers and persons with disabilities under temporary protection, children with disabilities and women and girls with disabilities, as well as persons with disabilities still living in institutions;

(c)The lack of involvement of persons with disabilities and their representative organizations in the development of indicators for the monitoring of the implementation of the disability-related policies and programmes.

66. Recalling the Washington Group short set of questions on functioning and the policy marker on the inclusion and empowerment of persons with disabilities of the Development Assistance Committee of the Organisation for Economic Co-operation and Development, the Committee recommends that the State party, in close consultation with and with the active involvement of persons with disabilities, through their representative organizations, ensure appropriate, nationally consistent measures for the collection, implementation and public reporting of disaggregated data on the situation of persons with disabilities, in particular persons with disabilities facing multiple and intersecting forms of discrimination, including lesbian, gay, bisexual, transgender and intersex persons with disabilities, national minority persons with disabilities, migrant persons with disabilities, such as refugees, asylum-seekers and persons with disabilities under temporary protection, children with disabilities, women and girls with disabilities and persons with disabilities in institutions.

International cooperation (art. 32)

67.The Committee acknowledges the high overall budget of the State party for international development. However, it is concerned about the following:

(a)Budgetary limitations adopted in November 2022 for international development, which have had a negative impact on disability-specific projects in developing countries;

(b)The fact that disability-related measures are not included in the humanitarian aid strategy provided through the Swedish International Development Cooperation Agency.

68. The Committee recommends that the State party:

(a) Ensure the allocation of sufficient financial resources for international development of disability-specific measures and guarantee that inclusion is a precondition for the approval of projects funded as part of international cooperation programmes;

(b) Ensure that disability-related measures are included in all humanitarian aid strategies, including in those provided by the Swedish International Development Cooperation Agency.

National implementation and monitoring (art. 33)

69.The Committee notes with appreciation the establishment of the Swedish Institute for Human Rights, in January 2022, as a monitoring mechanism, and its application for membership in the Global Alliance for National Human Rights Institutions. However, the Committee is concerned that the Institute deems the probability of being afforded A status to be “good, but not certain”, and the Institute has a list of concerns about the financing, appointment, remuneration and dismissal criteria for its board members.

70. The Committee recommends that the State party ensure that the Swedish Institute for Human Rights is provided with adequate financial, human and technical resources and a legislative and regulatory framework in full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles).

71.The Committee is concerned about the insufficient involvement and participation of persons with disabilities and their representative organizations in the monitoring process by the Swedish Institute for Human Rights.

72. The Committee recommends that the Swedish Institute for Human Rights establish procedures and protocols for the involvement and full participation of persons with disabilities and their representative organizations in its monitoring processes.

IV.Follow-up

Dissemination of information

73. The Committee emphasizes the importance of all the recommendations contained in the present concluding observations. With regard to urgent measures that must be taken, the Committee would like to draw the State party ’ s attention to the recommendations contained in paragraphs 6, on general obligations, 14, on equality and non-discrimination, 44, on living independently and being included in the community, and 54, on inclusive education.

74. The Committee requests the State party to implement the recommendations contained in the present concluding observations. It recommends that the State party transmit the concluding observations for consideration and action to members of the Government and the parliament, officials in relevant ministries, local authorities and members of relevant professional groups, such as education, medical and legal professionals, as well as to the media, using modern social communication strategies.

75. The Committee strongly encourages the State party to involve civil society organizations, in particular organizations of persons with disabilities, in the preparation of its periodic report.

76. The Committee requests the State party to disseminate the present concluding observations widely, including to non-governmental organizations and organizations of persons with disabilities, and to persons with disabilities themselves and members of their families, in national and minority languages, including sign language, and in accessible formats, including Easy Read, and to make them available on the government website on human rights.

Next periodic report

77. Under the simplified reporting procedure, the Committee will transmit to the State party a list of issues prior to reporting at least one year prior to 15 January 2031 , the date by which the State party ’ s combined fourth, fifth and sixth periodic reports are due. The replies of the State party to that list of issues will constitute its combined fourth, fifth and sixth periodic reports.