Sweden

3. Access to remedy

Legal remedies provided by the State [page 27]

(…) The different ombudsmen monitor compliance with human rights. Any person who feels that they or anyone else has been treated incorr-ectly or unfairly by a public authority or official at a central or local government authority can lodge a complaint with the Parliamentary Ombudsmen, also known as the Ombudsmen for Justice.

The Parliamentary Ombudsmen supervise the application of laws and other statutes in public activities. According to their instructions, supervision also covers “other individuals whose employment or assignment involves the exercise of public authority, insofar as this aspect of their activities is concerned” and “officials and those employed by public enterprises, while carrying out, on behalf of such an enterprise, activities in which through the agency of the enterprise the Government exercises decisive influence”.

Certain supervisory functions are also exercised by the Chancellor of Justice, who is appointed by the Government. The duties of the Chancellor of Justice include examining complaints and settling claims for damages directed at the State.

The Office of the Equality Ombudsman is a government agency responsible for monitoring compliance with the Discrimination Act. The Ombudsman is to try in the first instance to induce those to whom the Act applies to comply with it voluntarily. However, the Ombudsman may also bring a court action on behalf of an individual who consents to this. Those who violate the Discrimination Act may be found liable to pay compensation for discrimination to the person discriminated against.

The Ombudsman for Children in Sweden is a government agency whose main task is to represent the rights and interests of children and young people, based on the UN Convention on the Rights of the Child. It monitors society’s compliance with the Convention and drives implementation in municipalities, county councils, regions and government agencies. It is responsible for drawing attention to deficiencies in the application of the Convention and proposing amendments to laws and ordinances. The Children’s Ombudsman submits an annual report to the Government, containing analyses and recommendations to improve the situation of children and young people. The Ombudsman does not monitor other government agencies and, by law, is not able to intervene in individual cases.

Furthermore, the OECD Guidelines for Multinational Enterprises provide access to remedy through the National Contact Points (NCP). All countries adhering to the OECD Guidelines are obliged to set up their own NCP to support and promote the Guidelines. Sweden’s NCP is a tripartite collaboration between the State, the business sector and employee organisations. The State is repre-sented by several ministries at the Government Offices and the Ministry for Foreign Affairs is the convener. The business sector is repre-sented by the Confederation of Swedish Enterprise and the Swedish Trade Federation, and employee organisations by the Swedish Trade Union Confederation, the Swedish Confederation of Professional Associations, the Confederation of Professional Employees, Unionen and IF Metall. As the Guidelines are voluntary, the NCP has no competence to issue any sanctions. The NCP’s main task is to promote corporate compliance with the Guidelines and to help resolve problems in individual cases through dialogue and discussion.

Annex: Measures taken [page 21]

In 2013, the Swedish Government adopted a platform for Swedish action on corporate social responsibility (CSR). The issue of business and human rights has received considerable attention in recent years. The following examples describe some measures already taken in accordance with this policy.

The State as actor 

• Sweden has published Swedish translations of the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises on the government website.
• Sweden spreads information and knowledge about CSR via the National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises and via public diplomacy. The NCP has handled four notifications since 2012. The NCP’s main roles are to handle notifications and promote and provide information about the OECD Guidelines for Multinational Enterprises.

Annex: Measures planned

How can the State support the business sector? [page 28]

The Ministry for Foreign Affairs is to examine the possibility of strengthening the Swedish National Contact Point (NCP) for the OECD Guidelines for Multinational Enterprises. The NCP’s main role is to handle notifications but it is also meant to promote and improve awareness of the OECD Guidelines for Multinational Enterprises. The NCP is also intended to increase contacts and collaboration with NCPs in non-OECD countries.