Sweden
Sweden
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | Freedom of association is asserted in the 1974 Instrument of Government under chapter 2, article 1, section 5.
CIA World Factbook. Sweden https://www.cia.gov/the-world-factbook/countries/sweden/#government CONSTITUTION OF SWEDEN (1974). The Instrument of Government. https://www.equalrightstrust.org/ertdocumentbank/CONSTITUTION%20OF%20SWEDEN.pdf |
| Freedom of Expression | History | Freedom of expression was first specifically asserted in Sweden through Article 1 of the Fundamental Law on Freedom of Expression, adopted in 1991. However, freedom of the press, and thus expression through writing, has existed in the country since the adoption of the Freedom of Print Act in 1776.
“Fundamental Law on Freedom of Expression.” Sveriges Riksdag. Accessed July 12, 2023. https://www.riksdagen.se/globalassets/05.-sa-fungerar-riksdagen/demokrati/the-fundamental-law-on-freedom-of-expression.pdf Nordin, Jonas. “The Swedish Freedom of Print Act of 1776 - Background and Significance.” Journal of International Media and Entertainment Law 7, no. 2 (2018): 137-144. https://www.swlaw.edu/sites/default/files/2018-04/Nordin%20Pages%20from%207.2%20FULL%20v7%20%284_13_18%29_.pdf |
| Freedom of Religion | History | The Constitution of Sweden was ratified in 1974, and came into force on January 1, 1975. Chapter 1 Article 2, Chapter 2 Article 1.6, 2, 21, 23, and Chapter 7 Article 4.11 grant religious freedoms, equality, and prohibit religious discrimination. Riksdag. “The Constitution of Sweden.” Last modified 2016. Accessed July 5, 2022. https://www.riksdagen.se/globalassets/07.-dokument--lagar/the-constitution-of-sweden-160628.pdf. |
| Freedom of the Press | History | Sweden was the first nation to formally protect freedom of the press through the 1766 Freedom of the Press Act: “The freedom of the press is understood to mean the right of every Swedish citizen to publish written matter, without prior hindrance by a public authority or other public body, and not to be prosecuted thereafter on grounds of its content other than before a lawful court, or punished therefor other than because the content contravenes an express provision of law, enacted to preserve public order without suppressing information to the public" (Hirschfeldt 2017, p. 580). The Freedom of the Press Act is still included in Sweden’s 1974 Constitution, and Article 1 of Chapter 2 extends further protections for press freedom across “sound radio, television and certain similar transmissions, as well as in films, video recordings, sound recordings and other technical recordings" (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012” ). |
| Privacy Rights | History | When the Swedish Kingdom created their constitution, it contains very few reference to the rights of Swedish citizens. It states, “Sweden shall be governed by a king and shall be a hereditary monarchy with the order of succession established by the law of succession.” (Constitution of Sweden, 1809). Sweden’s Constitution today contains multiple separate documents that outline different areas of government. In Chapter 2, Article 6 of the Instrument of Government, it establishes protections against unwarranted searches or the body, house, and communications. It also states “In addition to what is laid down in paragraph one, everyone shall be protected in his or her relations with the public institutions against significant invasions of personal privacy, if these occur without his or her consent and involve the surveillance or systematic monitoring of the individual’s personal circumstances.” (Instrument of Government, 1974). Also included in Sweden’s fundamental laws is the Fundamental Law on Freedom of Expression. This documents outlines the freedom of expression rights in Sweden and includes privacy considerations in Article 20. It bans the publication of personal data which reveals personal information like ethnicity, skin color, political opinions, religious views, memberships, health, sex life, sexual orientation, genetic data, and biometric data (Fundamental Law on Freedom of Expression, 1991). These provisions apply if “1. the personal data are included in a data collection that has been arranged in such a way that it is possible to search for or compile the data; and 2. with regard to the nature of the activities and the forms under which the data collection is made available, there is a particular risk of improper violation of the individuals personal privacy.” (Fundamental Law on Freedom of Expression). This law also grants the right of anonymity in expression, unless it involves liability/damages due to publication. Sweden is a member of the EU and thus follows the GDPR.
Fundamental Law on Freedom of Expression. “Chapter 1: Freedom of Expression According to This Fundamental Law.” HeinOnline, 1991. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?handle=hein.cow/zzse0090&id=1&collection=cow&index=. General Data Protection Regulation (GDPR). “General Data Protection Regulation (GDPR) – Legal Text,” 2016. https://gdpr-info.eu/. Instrument of Government. “Chapter 2: Fundamental Rights and Freedoms.” HeinOnline, 1974. https://heinonline-org.proxy.lib.miamioh.edu/HOL/Page?collection=cow&handle=hein.cow/zzse0092&id=3&men_tab=srchresults |
| Voting Rights and Suffrage | History | The Preamble of Sweden’s Constitution notes that their democracy is founded upon the principles of universal suffrage. Article 4 expands on this notion stating that all citizens (at home or abroad) over the age of 18 can vote for the members of the Riksdag. (Constitute Project, “Sweden’s Constitution of 1974 with Amendments through 2012” ). |