A/HRC/21/27
sexual orientation, age and transgender identity or expression. The Swedish Penal Code
criminalized discrimination and required that discriminatory motives should be considered
an aggravating factor in assessing the penal value of a crime.
54.
Combating hate crime had been ascribed a high priority by judicial, prosecutorial
and police authorities. The police and prosecutorial authorities had developed guidelines,
databases and training manuals to facilitate uniformity of practice in responding to racism
and racial discrimination. The State provided funding to NGOs working against
discrimination, racism, xenophobia and related forms of intolerance.
55.
The languages of five national minorities, Jews, the Roma, the Sámi, the Swedish
Finns and the Tornedalers, were recognized as national languages. Additionally, the Sámi
were recognized by the Riksdag as only indigenous people of Sweden and as a people by
the Constitution. A Sámi Parliament had been in existence since 1993.
56.
There are no “ethnic quotas’’ or equivalent measures in place as regarded
representation in the State’s democratically elected assemblies or its legal system. A
number of provisions in Swedish law, notably the provisions prohibiting “incitement
against a national or ethnic group” and “unlawful military activity” and provisions on
conspiracy, preparation, attempt and complicity in crimes, meant that organizations
engaged in racist activities could not pursue such activities without breaking the law.
57.
A national action plan for safeguarding democracy and fighting violent extremism
had recently been adopted for the period 2012–2014 and contained a range of measures to
enhance knowledge and awareness of violent extremism, discourage recruitment to violent,
extremist groups and help members of such groups to disengage from them. The national
action plan also contained measures, which aimed at increasing coherence and cooperation
among various Government agencies involved in the fight against violent extremism.
58.
The Discrimination Ombudsman and the Forum for Living History undertook a
range of measures to fight intolerance and raise awareness of human rights. The
Government has recently launched a website aimed at dispelling prejudice and false
information, including so-called “Internet myths”, relating to immigration, immigrants and
persons belonging to minorities.
59.
Sweden noted that freedom of expression, and in particular free and independent
media, was a necessary precondition for combating racism and xenophobia. Abuse,
wrongdoing and intolerance typically festered in areas less exposed to scrutiny and free
debate. A strong legal framework enforced by an independent and efficient legal system
was necessary to protect individuals from discrimination, hate speech and other racist
crimes. All sections of society had a shared responsibility to combat racism and intolerance,
and promote awareness and respect for democracy, human rights and the rule of law.
Switzerland
[Original: French]
[19 April 2012]
60.
Switzerland reported that the constitutional provision prohibiting discrimination on
grounds of origin, race, language or religious belief was reflected in article 261 bis of the
Criminal Code and article 171 (c) of the Military Criminal Code. The law punished anyone
who publicly incited hatred or discrimination against people because of their race, ethnicity
or religion, violated human dignity, refused to provide a public service or propagated a
racist ideology. That provision implied that freedom of expression was not absolute and
could be subject to constraints, especially in relation to protecting the dignity and honour of
others. The Confederation also takes preventive measures, such as information and
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