SwedenDiskrimineringslag (2008:567) (Discrimination Act), ban on disability discrimination, including lack of accessibility, in goods and services offered to the public
In force since .
A disability discrimination rule binding public and private bodies.
- Private right of action
- Yes
- Instrument type
- an act of a legislature
What it requires
- The Act names no technical accessibility standard and does not mention websites or apps: the duty is the ban on discrimination in chapter 2 section 12 together with the definition of lack of accessibility in chapter 1 section 4 point 3.
- If, outside private and family life, you provide goods or services to the public, do not discriminate against a person on the ground of disability (ch. 2 s. 12; ch. 1 ss. 4 and 5).
- Take the measures for accessibility that are reasonable in light of accessibility requirements in law and other statutes, the economic and practical conditions, the duration and extent of your relationship or contact with the individual, and other circumstances of importance; failing to take them is discrimination in the form of lack of accessibility (ch. 1 s. 4, point 3).
- The prohibition on lack of accessibility does not apply to housing or to private individuals, or where measures on property and structures would go beyond the accessibility and usability requirements set in the building permit or start notice under the Planning and Building Act (2010:900) (ch. 2 s. 12 c).
- If you break the prohibition, you must pay discrimination compensation for the violation, and it is paid to the person whose rights were violated (ch. 5 s. 1).
- If a person who considers themselves discriminated against shows circumstances that give reason to assume discrimination, you must show that discrimination has not occurred (ch. 6 s. 3).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The Equality Ombudsman (Diskrimineringsombudsmannen), which supervises compliance with the Act
What this law does
Chapter 2 section 12 of the Discrimination Act prohibits discrimination by a person who, outside private and family life, provides goods, services or housing to the public, or who arranges a public gathering or a public event. Chapter 1 section 5 point 4 defines disability as lasting physical, mental or intellectual limitations of a person's functional capacity that, as a result of an injury or illness, existed at birth, have arisen since, or can be expected to arise.
Chapter 1 section 4 point 3 defines discrimination in the form of lack of accessibility as a person with a disability being disadvantaged because measures for accessibility have not been taken to put the person in a situation comparable to that of persons without the disability, where the measures are reasonable in light of accessibility requirements in law and other statutes.
In judging what is reasonable, chapter 1 section 4 point 3 also takes into account the economic and practical conditions, the duration and extent of the relationship or contact between the business operator and the individual, and other circumstances of importance.
Chapter 2 section 12 c provides that the prohibition on lack of accessibility in section 12 first paragraph 1 does not apply to housing, to private individuals, or where measures on property and structures would go beyond the accessibility and usability requirements set in the building permit or start notice under the Planning and Building Act (2010:900).
Chapter 5 section 1 requires a person who breaks the prohibitions on discrimination or reprisals to pay discrimination compensation for the violation that the breach entails. Chapter 5 section 1 provides that the compensation is paid to the person whose rights were violated. Chapter 6 section 1 provides that cases on the application of chapter 2 section 12 are heard by the general courts under the rules of the Code of Judicial Procedure on civil cases where settlement is permitted.
Chapter 6 section 2 lets the Equality Ombudsman, or a non-profit association whose articles of association provide for safeguarding its members' interests, bring an action as a party for an individual who consents. Chapter 6 section 3 requires the defendant to show that discrimination has not occurred where the person who considers themselves discriminated against shows circumstances that give reason to assume that discrimination has occurred.
Chapter 4 section 1 requires the Equality Ombudsman to supervise compliance with the Act. The Act entered into force on .
When LexLint raises it
When your app profile says your app ships a consumer interface.
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