Könsdiskriminering – en analys av nationell och internationell rätt

Sammanfattning: This thesis examines the concept of sex discrimination in Swedish law compared with EU-law and international (human rights) law. Focus lies on labour law and educational law. The first part of the study gives a general background to the legislation on sex discrimination and the aim of gender equality. The second part of the study analyses the concepts of "sex" and "discrimination". The different components of sex discrimination are identified. There are differences between the systems regarding what is included in the concept of sex. The approach to the concept of discrimination also differs. Swedish law and EU-law consider all adverse differential treatment as discrimination but are open to exceptions to the prohibition. There can be exceptions in cases of direct discrimination but not in cases of indirect discrimination. International law only considers unreasonable differential treatment as discrimination. Consequently exceptions are not needed. There are differences between the three legal systems regarding what differential treatment is allowed. This is discussed in the third part. This part also encompasses an analysis of the terminology regarding actions promoting gender equality. In the fourth part there is a concluding discussion on the concept of discrimination on grounds of sex in relation to the goal of gender equality. I argue that reasons for differential treatment must be thoroughly examined before being accepted as gender neutral and that differential treatment on grounds of sex should not be allowed if it is in contradiction with the aim of gender equality. I also propose a change in the Swedish law to only consider unreasonable differential treatment on grounds of sex as gender discrimination.

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