The office of the ombudsman against sexual orientation discrimination
Download
1 / 14

- PowerPoint PPT Presentation


  • 113 Views
  • Uploaded on

The Office of the Ombudsman against Sexual Orientation Discrimination . Ombudsman Hans Ytterberg www.homo.se [email protected] +46 (0)8 508 887 80. Tasks of the Ombudsman. ’Combating homophobia and discrimination on grounds of sexual orientation in any area of Swedish society’

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about '' - kalonice


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
The office of the ombudsman against sexual orientation discrimination l.jpg
The Office of the Ombudsman against Sexual Orientation Discrimination

Ombudsman Hans Ytterberg

Eng 1:


Tasks of the ombudsman l.jpg
Tasks of the Ombudsman Discrimination

’Combating homophobia and discrimination on grounds of sexual orientation in any area of Swedish society’

  • i.e. enforce the general principle of non-discrimination

Eng 1:


Enforcing the principles young lgbt persons rights as an example l.jpg
Enforcing the principles – young LGBT persons’ rights as an example

UN Convention on the Rights of the Child

Prohibition on discrimination:

‘In the implementation of the Convention on the Rights of the Child, the Committee requires that legislation protect children against discrimination based on sexual orientation […].’

  • UK – Isle of Man (Committee on the Rights of the Child, Concluding observations, October 16, 2000)

Eng 1:


Enforcing the principles young lgbt persons rights as an example4 l.jpg
Enforcing the principles – young LGBT persons’ rights as an example

UN Convention on the Rights of the Child

Proactive protective measures:’The Committee is concerned that homosexual and transsexual young people do not have access to the appropriate information, support and necessary protection to enable them to live their sexual orientation.’

  • UK (Committee on the Rights of the Child, Concluding observations, October 9, 2002)

Eng 1:


Enforcing the principles necessity test for sexual orientation discrimination l.jpg
Enforcing the principles - Necessity Test for Sexual Orientation Discrimination

‘ [… …] where there is a difference in treatment based on sex or sexual orientation, the principle of proportionality does not merely require that the measure chosen is in principle suited for realising the aim sought. It must also be shown that it was necessary … ’

  • Karner v. Austria, European Court of Human Rights, 2003

Eng 1:


Enforcing the principles n ot a matter of opinions l.jpg
Enforcing the principles Orientation Discrimination - not a matter of ’opinions’

’To the extent that they represent a pre-disposed bias on the part of a heterosexual majority against a homosexual minority, these negative attitudes cannot, of themselves, be considered by the Court to amount to sufficient justification [… …], any more than similar negative attitudes towards those of a different race, origin or colour.’

  • Lustig-Prean & Beckett, Smith & Grady v. United Kingdom, European Court of Human Rights, 1999

Eng 1:


Tasks of the ombudsman7 l.jpg
Tasks of the Ombudsman Orientation Discrimination

  • Enforce statutory anti-discrimination law

    • Employment

    • Pre-school, primary, secondary and higher education

    • Provision of goods and services

  • Advice and support

  • Litigate individual court cases

  • Propose anti-discrimination measures to the Government

  • Promote equal rights and opportunities

  • Monitor international developments

  • Eng 1:


    Examples of discrimination dealt with by the ombudsman l.jpg
    Examples of discrimination dealt with by the Ombudsman Orientation Discrimination

    Employment

    • Discriminatory collective bargaining agreements

    • Guidelines for appointing military attachés

    • Refusal to hire

    • Harassment during hiring process

    • Harassment in the work place

    • No extension of temporary employment

      Education

    • Students harassed by teachers

    • Students harassed by students

    • Students barred from school social events

    • Harassment during vocational training / practical work experience

    • Degrading/stereotypical content in literature / educational materials

    • Insulting or degrading treatment during classes

    Eng 1:


    Examples of discrimination dealt with by the ombudsman9 l.jpg
    Examples of discrimination dealt with by the Ombudsman Orientation Discrimination

    Goods and Services

    • No access to public health care

    • Degrading treatment of patients within public health care

    • Discriminatory access to assisted procreation schemes

    • Discriminatory access to information on social security schemes

    • Denied entry to restaurants / forced to leave premises

    • Housing

    • Real Estate

    • Airline travel

    • Entrance fees to museums

    • Sexual orientation hate crime not investigated or not prosecuted by law enforcement agencies

    • City councils refusing to nominate registrars for registered partnerships

    Eng 1:


    Result of the ombudsman s inquiries l.jpg
    Result of the Ombudsman’s inquiries Orientation Discrimination

    • Problem resolved

      • Discriminatory dismissal reversed

      • Discriminatory provisions or guidelines amended / deleted

      • Public administration forms amended

      • Harassments investigated and stopped

      • Educational contents revised

    • [Litigation in court]

    • Settlement

      • Financial compensation

      • Apologies

      • Educational undertakings

    • Critical observations

    • Finding of no-fault

    Eng 1:


    Promotion of equality in dignity and rights l.jpg
    Promotion of Equality in Dignity and Rights Orientation Discrimination

    • Education for police officers, public prosecutors and judges

    • Education for the Swedish Armed Forces

    • Strategies for enhanced quality in all branches of law enforcement

    • Information campaigns about new anti-discrimination legislation

    • Conferences and seminars on sexual orientation discrimination in the work place together with labour unions

    • Study of sexual education in schools

    • Studies of homophobia in schools

    • Monitoring of equal treatment plans in universities and schools

    • Projects and studies on sexual orientation discrimination and health

    • Study of univeristy curricula for social workers

    • Project on homophobic violence in the name of honour

    • Report on the introduction of a gender neutral marriage legislation

    • Awareness raising and education for local anti-discrimination projects

    • ’The Price of Love’ – a book on the consequences of homophobia from the Holocaust until today

    • Introduction materials for inmigrants and asylum seekers

    Eng 1:


    8 years as ombudsman conclusions l.jpg
    8 ½ years as Ombudsman - Conclusions Orientation Discrimination

    Change and progress are possible!

    • Legislation is necessary but not enough

    • Sanctions are vital

    • Only a ban on discrimination will not do the trick

      • Promoting equality and preventing discrimination is a necessary complement

    • Mainstreaming: Promotion and prevention work is ”everybody’s” responsibility, but there is a need for:

      • a co-ordinating driving force – e.g. a specialised body

      • monitoring and control

    Eng 1:


    If i could have one wish granted archbishop desmond tutu south africa l.jpg
    ‘If I could have one wish granted … …’ Orientation Discrimination (Archbishop Desmond Tutu, South Africa)

    Conclusions:

    • Sexual orientation discrimination is a human rights issue and violates important global human rights standards.

    • The party who claims justification for a difference in treatment carries the burden of proof.

    • Equality in dignity and rights is a fundamental human right – not a negotiable concession.

    Eng 1:


    Resource material l.jpg
    Resource material Orientation Discrimination

    The Yogyakarta principles

    • Principles describing the application of international human rights law in relation to sexual orientation and gender identity

      International Commission of Jurists

    • International human rights references to human rights violations on the grounds of sexual orientation and gender identity.

    Eng 1:


    ad