THE PARLIAMENTARY OMBUDSMEN (JO)
The JO's Office (Riksdagens Ombudsmän or Justitieombudsmännen, JO) dates back to 1809
and was originally established to provide the Riksdag with a means of supervising
compliance with laws and ordinances by all judges, civil servants and military officers.
There are four Ombudsmen (JO), elected for four-year periods. One of them is responsible for the administration of the Office and for determining the main focus of its activities.
The JO's supervision covers all central and local government agencies and bodies and their staff, and also all other persons who exercise public authority. There are, however, some exceptions. The JO are not intended to supervise Cabinet ministers, members of the Riksdag or local government officials. Each JO has a separate sphere of supervision.
Anyone who feels he has been wronged may submit a written complaint to the JO. Some 4,700 such complaints are handled each year. About one-third of these usually prove at an early stage to be unfounded, and can therefore be summarily dealt with. The JO concentrate on those that are significant in the sense that they involve striking a just balance between the claims of the community and the freedom of the individual. Many of the complaints come from people caught on a "bureaucratic merry-go-round".
The Riksdag has empowered the JO with full discretion to decide which cases to investigate. The JO have also been authorised to refer to other agencies or government bodies cases that are more appropriately investigated by the latter.
It is the JO's duty to inspect, from time to time, authorities under their supervision. In recent years, frequent inspections have been made of central government agencies, county administrative boards, courts, prisons, the police, military authorities, etc.
The JO also pursue long-term investigations. These often entail reviewing laws and their enforcement. Proposals for this form of control often arise from issues raised by the press or complaints from the public. The JO need not show cause for undertaking an investigation.
The JO serve as special prosecutors in cases of breach of duty in public administration, and are also empowered to take disciplinary measures in such cases. There are only a handful of prosecutions and reports entailing disciplinary measures each year, but the JO's right to initiate a preliminary inquiry, legal proceedings and disciplinary cases is highly significant for the weight and authority of their official position.
When the JO find that an error has been made, but not one of such seriousness as to entail punitive or disciplinary consequences, nor a case of an authority's routines being inadequate or unsuitable, the JO may issue critical statements of opinion. These - containing more or less serious criticism - usually feature in some 600 JO decisions annually.
The JO are also entitled to draw to the attention of the legislative bodies (the Riksdag and/or government) inconsistencies, gaps or other shortcomings in the current regulatory system that have come to light during the handling of a supervisory case. Initiatives of this kind, normally only a few in number each year, generally result in the amendment of a law or ordinance.
The JO's Office enjoys full autonomy from its principal, the Riksdag, which has no right to issue directives. However, the JO's official report is examined by one of the standing parliamentary committees. Besides various statistical data on the Office's activities, this annual report contains comments on the most interesting and, in terms of principle, important decisions-usually around 130 annually. It also includes a short summary in English. After examining the contents on a spot-check basis, the committee presents a statement of opinion to the Riksdag.
The mass media may also be said to exercise control over the JO, since they often take up controversial cases for debate.
GOVERNMENT-APPOINTED OMBUDSMEN
The Consumer Ombudsman (KO)
The Consumer Ombudsman (Konsumentombudsmannen, KO) took office in 1971, with the
duty of ensuring that two statutes for the protection of consumers are observed: the
Marketing Act and the Unfair Contract Terms Act.
In 1976, the Office of the KO and the National Board for Consumer Policies (Konsumentverket) were merged into a single body, headed by the KO (who is also the Director-General of the Board). At the same time, a new and extended Marketing Act (Marknadsföringslag) came into force.
This Act applies to firms or traders marketing goods, services, etc; it covers neither the advertising of opinions nor political propaganda, both of which are protected by the Freedom of the Press Act. Any commercial marketing practices may be prohibited if they are contrary to accepted business practice or considered improper in some other way. This is to protect consumers and traders mainly against misleading advertising, and the Act can be invoked when, for instance, an advertiser promises too much or attracts customers with a price that he later fails to apply.
The Marketing Act (in its section regarding misleading advertising) enshrines an important principle, namely the "reverse burden of proof", according to which the person responsible for any marketing practice must be able to prove the correctness of the information, claims and promises contained in his advertisements, packaging, publicity material, etc.
Firms and others engaged in marketing may be enjoined to provide, in their advertising or through any other form of marketing, information of importance to consumers, e.g. details of the prices or nature of their goods or services. Where there is a particular risk of a commodity and/or service harming a person or property, its sale or hire may be prohibited. Goods or services that are manifestly unfit for their main purpose may also be prohibited.
In 1989 a Product Safety Act (Produktsäkerhetslag) came into force. The rule (from the Marketing Act) against the sale of hazardous consumer goods and services was incorporated into this Act, as were new rules on product recall.
The Unfair Contract Terms Act (Lag om avtalsvillkor i konsumentförhållanden) protects consumers against unreasonable contract terms used by traders, especially in standard contract forms for the sale of consumer durables and services. Any terms of a contract that unreasonably favour the seller at the consumer's expense may be prohibited. Under the revised version of this Act which came into effect on 1 January 1995 (as the result of a European Union directive), this prohibition may now be used not only against individual traders but also against associations, for example branch organisations, which apply or recommend contract terms which are unfair. A previously unprotected area, namely contract terms with respect to finance, is now also covered by this legislation.
The revised Act also contains rules applying to civil law. However, these rules are not for application by the KO or the Market Court; they have rather been introduced for use in private cases brought before the ordinary courts.
The Riksdag is at present considering proposals for a new Marketing Act to come into effect on 1 January 1996. It is proposed that a new type of sanction be introduced, whereby a trader can be enjoined to pay a "market disturbance charge" the very first time he contravenes the Marketing Act. The charge can be imposed if the trader has deliberately or through carelessness or negligence contravened certain of the regulations contained in the Act. It is proposed that the charge should be SEK 5,000 at minimum and SEK 5 million at maximum, but no more than 10% of the company's turnover for the previous year. The new charge does not replace the existing sanction of prohibition plus fines; it is rather intended as a complement.
The Secretariat of the Consumer Ombudsman starts legal proceedings at the Market Court (Marknadsdomstolen) in cases relating to marketing practices, hazardous products or unfair terms. It also deals with prosecution matters.
When-either through notification from outside or in the course of the Board's own scrutiny-an undesirable marketing action or contractual condition comes to the Board's attention, it attempts first, by discussing the matter with those responsible, to have the matter rectified voluntarily. If rectification cannot be agreed upon, the KO can refer the case to the Market Court, requesting that the entrepreneur be prohibited from continuing to use the undesirable marketing practice or contractual condition. The Market Court usually issues an injunction on penalty of fine, and its decision cannot be appealed against. The Board deals with around 4,000 cases a year, 2,0002,500 of which concern the Marketing Act. About 15 cases a year are referred to the Market Court.
The Equal Opportunities Ombudsman (JämO)
The Office of Equal Opportunities Ombudsman (Jämställdhetsombudsmannen, JämO) was
established in 1980, the same year in which the Act concerning Equality between Men and
Women at Work (Lag om jämställdhet mellan kvinnor och män i arbetslivet) came into
force.
The Act concerns conditions in the work market. It consists of two parts: active measures to create gender equality in the workplace and a ban on sex discrimination.
The purpose of the Act is to promote equal rights and opportunities for men and women with regard to work, terms of engagement and other aspects of employment terms, as well as opportunities for development at work.
The aim is, in the first instance, to improve conditions for women in working life.
The Act places responsibility with the employer. It is the duty of the employer to end sexual harassment, wage discrimination on grounds of sex, or any other conditions which openly work against gender equality in the workplace.
Employers with ten or more employees are also requested to draw up a gender equality plan, where concrete and measurable objects of improvement should be spellt out. This plan is to be revised annually.
Since July 1994, the employer has also been obliged to carry out a survey of the wage differences in the workplace and-if non-objective wage differences on grounds of sex exist-to ensure that such differences cease.
Another important aspect of the Act is that the employer shall make it easier for both female and male employees to combine gainful employment with parenthood.
Active measures to improve gender equality should be aimed at jointly by employers and employees and their unions.
The Office of the Equal Opportunities Ombudsman works with both parts of the Act. Active measures to promote gender equality in the workplace take the form of information material, education, seminars and campaigns to inspect the gender equality plans of individual employers or sectors of the work market.
The ban on discrimination is reviewed every time someone makes a complaint about discrimination. So far, a complaint has to be made on an individual basis by the person in question. In cases of wage discrimination, a comparable person of the opposite sex and employed by the same employer has to be found. In the case of group complaints, JämO can pick out a number of test cases to try.
The number of complaints has risen sharply and shifted focus during the last year. From 116 cases, concerning wage discrimination, job opportunities and sexual harassment in 1994, the number of cases in the first half of 1995 exceeded 350. Some of these involve more than 200 hundred persons. Wage discrimination is the single most important issue.
The first obligation of the JämO is to seek to persuade employers to comply with the Act. If the employer refuses, or if it proves to be impossible to come to an agreement, JämO can take the case to the Labour Court (Arbetsdomstolen).
In cases of refusal to comply with the sections of the Act concerning active measures-for example a refusal to draw up or revise a gender equality plan-JämO can apply to the Equal Opportunities Commission (Jämställdhetsnämnden). The Commission has the right to issue a fine order to be payed if compliance with the rules is not met by a certain date.
The Ombudsman against Ethnic Discrimination (DO)
Since 1986 there has been an Ombudsman against Ethnic Discrimination (Ombudsmannen
mot etnisk diskriminering, DO). This office was established under the 1986 Act to
Counteract Ethnic Discrimination (Lagen mot etnisk diskriminering), since replaced by the
1994 act of the same name. Ethnic discrimination is defined in the Act as when a person or
group of persons is treated unfairly, compared to others, or is otherwise subjected to unjust or
insulting treatment because of race, skin colour, national or ethnic origin or religious faith.
According to the Act, the Ombudsman against Ethnic Discrimination shall work to combat
ethnic discrimination in working life and other spheres of social life. In doing so, the DO
shall counteract racism and xenophobia. The tasks of the DO, who works independently of
government and parliament, are the following:
If an employer unfairly singles out a work-seeker or employee for different treatment because of his or her race, skin colour, national or ethnic origin or religious faith, the DO has, since 1 July 1994, been able to represent that person in the Labour Court. This is conditional upon a number of factors; one is that the individual is not also being represented by his or her trade union or professional organisation, another is that the case is important for reasons of principle or that there are particular reasons for the DO exercising this role.
Furthermore, all employers are obliged, at the request of the DO, to attend discussions and to provide the information about the employer's relations with work-seekers and employees which is necessary for the DO's work. There is, in addition, a general requirement made of authorities to participate in discussions called by the DO and, within the framework of their own activities, to provide the assistance required by the DO.
Most people who apply to the DO complain that they have been discriminated against at work or when applying for work, in the housing market, in the credit market in the broad sense, in admission to restaurants or in contact with the police and customs. The DO informs applicants of the legal and practical means of recourse available. Where it is considered appropriate, the DO contacts the opposite party and investigates the scope for achieving a remedy or clearing up misunderstandings. It may also contact trade associations, people in superior positions and others. If a matter is reported to the police, the DO follows its handling by the police and the prosecutor concerned.
By liaising with influential institutions in society, the DO attempts to prevail upon these institutions to do more to combat ethnic discrimination, xenophobia and racism than they would otherwise have done. For this purpose, the DO has on-going contacts with, for example, the labour-market partners, trade associations, religious associations, the armed forces, the police, central government agencies and other, similar institutions and organisations. Mobilising all forces for good in society in this way is one of the DO's most important and urgent tasks.
The DO and the staff assisting the DO are frequently engaged as speakers, and take part in seminars and conferences both in Sweden and elsewhere. Much of their time is devoted to liaison with the press, radio and television concerning both individual cases and more general issues. Special projects are implemented for the purpose of moulding opinion, either regarding certain particular issues or focused on specific target groups, such as schoolchildren or the police. The situation of the Saami (Lapps) and Roma/Romanies (Gypsies) in Sweden receives special attention.
The number of registered cases with the DO nowadays amounts to 800-900 annually. In addition, a great deal of telephone consultation takes place.
The Children's Ombudsman (BO)
Children and young people in Sweden up to the age of 18 have had their own ombudsman
since 1 July 1993. On that date a completely new authority, the Office of the Children's
Ombudsman (Barnombudsmannen, BO), was established with the task of ensuring the best
outcome for children and young people in all situations. A law and an ordinance containing
directives for the BO form the basis of the Office's work.
The principal function of the Swedish Children's Ombudsman is to watch over juvenile rights and interests. The basis of this work is the United Nations' Convention on the Rights of the Child, which Sweden ratified in 1990. One important task is to ensure that Sweden fulfils its obligations under the Convention.
Although the material circumstances of youngsters in Sweden are good, a great deal remains to be done to develop child-oriented attitudes in society at large. Children and young people have difficulty in making themselves heard. Their interests in the community are often subordinated to those of adults. Their scope for participating in social debate and influencing their situation is very small. In order for juvenile rights and interests to be given attention, someone must speak on behalf of youth and look after their interests. Another requirement is for someone to enhance public awareness of young people's rights and to consider social development from their perspective.
The BO is particularly engaged in issues relating to youngsters in problem situations. These may involve loneliness, divorce, custody disputes or abuse of various kinds.
Being in direct contact with youth and perceiving life with their eyes are preconditions for the work of the Children's Ombudsman. As their representative, the BO must accumulate knowledge of and listen to young people, in order to be able to present the best possible proposals. The BO has therefore installed a telephone line for children and young people up to the age of 18, BO Direct. This is primarily a channel of information, enabling youngsters to ring and say what they think about various matters, and what they want the BO to deal with. They can also obtain information about their rights, about the UN Convention and about how the BO works.
The Children's Ombudsman's work is largely a matter of taking part in public debate, moulding opinion on priority issues and influencing society's attitudes towards the conditions of children's and young people's lives.
The BO works according to a general plan. Accordingly, the BO considers youth as a social group, and exerts influence on the public, authorities, companies and organisations to safeguard juvenile rights and interests in all conceivable contexts. But specific matters often serve as the basis for the principles defined by the BO, and the legal amendments or other measures that it proposes to improve the situation of children and young people.
Co-operation with organisations and authorities that deal with youth issues at various levels in society is a precondition for the BO's work. One specific task is the active monitoring of research and development work relating to children and young people.
Once a year, the BO must submit a report to the government. This includes an account of how far the BO considers that the UN Convention on the Rights of the Child has been complied with in Sweden during the year. The report also contains views and proposals on which the BO thinks the government should take an official line. All in all, the report can serve as a description of the status and development of the Child Convention in Sweden from one year to the next. At the same time, it forms the basis for the government's reports to the UN Committee for Children's Rights in Geneva, which has the task of monitoring how well the countries that have signed the Convention are living up to it.
The work of the Children's Ombudsman is organised in four subject areas: the conditions in which children aged 0-12 and young people aged 13-18 grow up, psychosocial issues and child safety and social planning. Its staff also have particular skills in the fields of law, publicity and opinion-moulding.
To assist it, the BO has a council of 12 experts appointed by the government. The BO chairs the council and directs its activities. The council has a consultative role, providing advice on various specialist issues and concerning the BO's work as a whole.
The Office of the Disability Ombudsman
The Office of the Disability Ombudsman is a new authority, set up on 1 July 1994, to
monitor issues relating to the rights and interests of persons with functional disabilities. The
Office aims to work for the attainment of the general objectives of disability policy-full
participation and equality for disabled people.
The Office's activity is regulated in a special statute. One of its provisions is that authorities may not refuse to provide information to, or engage in negotiations with, the Office of the Disability Ombudsman.
The Office seeks to work for the remedying of legislative deficiencies and, by presenting matters to the government, raising questions of statutory amendments, etc. The Office also takes the initiative in alleviating legal shortcomings for persons with functional disabilities.
The intention is for the circumstances of women with functional disabilities to be given particular attention and weight in disability policy. The Office therefore aims to give special consideration to the situation of women with functional disabilities in various sectors of society.
Every year, in a report to the government, the Office gives an account of the matters it deems important for the government to know.
The Office of the Disability Ombudsman is also obliged to present a plan for the long-term monitoring of developments relating to disability issues in the EU.
The Office must engage in continuous discussions with disabled persons' own organisations.
At its disposal, the Office has a council comprising 15 members appointed by the government. These members hold office on personal mandates and bring with them experience from various walks of life.
THE PRESS OMBUDSMAN (PO)
The self-disciplinary system of the Swedish press is not based on legislation. It is entirely
voluntary and wholly financed by the three press organizations. These organizations are also
responsible for drawing up Sweden's Code of Ethics for the press, television and radio.
The Swedish Press Council (Pressens Opinionsnämnd, POn), founded in 1916, is the oldest tribunal of its kind in the world. It was set up by the National Press Club, the Union of Journalists and the Newspaper Publishers' Association.
The Press Council is composed of a judge, who acts as chairman; one representative from each of the above-mentioned organisations; and two representatives of the general public who must not have any ties with newspaper publishers or press organisations.
The Office of Press Ombudsman for the General Public (Allmänhetens Pressombudsman, PO) was established in 1969. Its holder is appointed by a special committee comprising the JO and the chairmen of the Swedish Bar Association and the Press Club.
Before the PO was created, complaints regarding violations of good newspaper practice were filed with the Press Council. They now go first to the PO, which is also empowered to take up matters on its own initiative, provided that the person or persons concerned are in agreement.
Any interested members of the public can protest to the PO against newspaper items they consider to be a violation of sound press ethics. But the person to whom the article relates must provide consent if the complaint is to result in censure of the newspaper.
When a complaint is made to the PO, its task is to ascertain whether it can be dealt with by a correction or reply in the newspaper concerned. It may contact the newspaper for this purpose. Where the matter cannot be settled in this way, the PO may-if it finds cause to assume that good newspaper practice has been contravened-undertake an inquiry, first of all by asking the opinion of the newspaper's editor-in-chief. One condition is that complaints must be filed within three months of the original publication.
Once its inquiry is concluded, the PO has two alternatives: either (1) the matter is not considered to warrant a rebuke of the newspaper, or (2) the evidence obtained is weighty enough to warrant review by the Press Council.
Option (1) may be appealed against to the Press Council. There is nothing to prevent the complainant from taking the matter to a regular court of law after review by the PO and the Press Council.
Filing a complaint with the PO is free of charge. The PO also answers queries from the public on matters of press ethics.
A newspaper that has been found to contravene good newspaper practice is expected to publish the findings of the Press Council. It may also have to pay an administrative fine.
In recent years, 300-400 complaints have been registered annually. These have often concerned coverage of criminal proceedings and intrusion into individuals' private lives. About 30% of these complaints have been adjudicated by the Press Council after either transfer by the PO or appeal by the complainant. The remainder have been written off for various reasons, for example, because the complaints were unsubstantiated or the newspaper has printed a correction. Approximately 20% of all complaints have resulted in the censure of the newspaper in question by the Press Council.
This fact sheet is part of SIs information service. It can be used as background information on condition that the source is acknowledged.
September 1995
Classification: FS 71 t Odc
ISRN SI-FS--95/71-T--SE
ISSN 1101-6124
Fact Sheets on Sweden