Increased protection for transgender people
In Sweden, everyone must have the right to be exactly who they are. This is why the Government is presenting proposals to strengthen the protection of transgender people under criminal law. These proposals include prohibiting agitation against transgender people.
The Government's proposed legislative amendments would mean that transgender people would be afforded full protection under the hate crime legislation. In the proposals now before the Council on Legislation, the grounds of gender identity and gender expression would be included in the provisions on agitation against a national or ethnic group and unlawful discrimination, and in the rule on public prosecution of insulting behaviour. An addendum clarifies that if a motive for an offence was to violate a person or group of people based on gender identity or gender expression, this constitutes an aggravating circumstance. Although the amendments are intended to protect transgender people, they are designed to protect all people equally.
The Government also proposes that 'transgender identity or expression' as a basis for discrimination in the Discrimination Act be replaced with 'gender identity or gender expression'. Under the proposal, all individuals will be protected against discrimination regardless of how their gender identity or gender expression relates to what is perceived to be the norm.
The Government also proposes that in certain legislation, the words 'race' and 'racial' be replaced with a term reflecting the repudiation of the notion that people can be divided into different races.
It is proposed that the legislative amendments enter into force on 1 July 2018, except for the amendments to the provisions on agitation against a national or ethnic group in the Freedom of the Press Act and the Penal Code, which will enter into force on 1 January 2019.