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Sweden – SOGI Legislation Country Report (2013)

Summary

Sexual orientation is a prohibited ground of discrimination (Act of Government).

Discrimination on the basis of gender identity or sexual orientation is prohibited in employment (Discrimination Act, Prohibition of Discrimination in Working Life because of Sexual Orientation Act).

Universities are obligated to actively promote equality and investigate harassment based on sexual orientation (Equal Treatment of Students at Universities Act).

Police cannot collect data on sexual orientation unless it is strictly necessary for the relevant investigation (Police Data Act).

Printed materials aimed at agitating against a group of people based on their sexual orientation is prohibited (Freedom of the Press Act).

The age of consent is the same for same-sex and opposite-sex sexual activity (Penal Code).

The Marriage Code is written in gender-neutral terms, and does not differentiate between same-sex and opposite- sex relationships

There is recognition of both same-sex and opposite-sex “Registered Partnerships” (the Registered Partnership Act).

Same-sex married couples and registered partners have access to assisted reproductive technology (the Genetic Integrity Act).

Same-sex married couples and registered partners may jointly adopt children or gain joint custody of their partner’s child (Children and Parents Code, Partnership and Adoption Act).

A person 25 years or older may under sex reassignment surgery, and individuals 18 to 25 years old may apply for sex reassignment surgery in conjunction with an application for change of legal gender (Sterilization Act).

Previously, the Act Concerning Determination of Sex included sterilization as a prerequisite for legally changing one’s gender; individuals requesting legal gender change also needed to be unmarried and Swedish nationals. In December 2012, the Stockholm Administrative Court of Appeal ruled that the sterilization requirement violated the Swedish Constitution, and Articles 8 and 14 of the European Convention on Human Rights. The Act was amended in 2013 to remove the requirements that an individual seeking legal gender change first undergo sterilization, be unmarried, and be a Swedish national.

A person may change legal gender without having sex reassignment surgery (Act Concerning Determination of Sex).

Discrimination on the basis of sexual orientation is recognized as a ground for asylum (Aliens Act).

link to full text in PDF: Sweden-SOGI Legislation Country Report-2013-eng