Swedish Law Research Articles

Reparations for Corporate Involvement in War Crimes: The Lundin Trial and Prospects for Victims’ Justice

Abstract In September 2023, the trial at Stockholm District Court against Orrön Energy (previously Lundin Energy) and two corporate directors for complicity in war crimes in Sudan between 1999 and 2003, started. The Lundin case is part of a trend of attempts to hold corporations criminally accountable for their alleged involvement in serious human rights abuses and provides a unique opportunity to assess the possibilities of such attempts in relation to the rights of the victims. This article analyzes how human rights obligations and the objectives of reparations for victims are satisfied by Swedish law and practice in the Lundin trial. It shows that while the law allows victims participating in trial to put forward civil claims, it denies this right to the large number of victims not participating, and the decision early in the Lundin proceedings to separate damage claims from the criminal trial has left the participating victims effectively denied reparations.

Perspectives on Abortion Services, the Pre-Abortion Visit, and Telemedicine Abortion: A Qualitative Study in Sweden.

According to Swedish law, abortion treatment should be carried out at an approved healthcare facility. All persons seeking medication abortions are obliged to attend an in-person visit, which includes a gynecological examination, an ultrasound scan, and administration of mifepristone at a hospital/clinic. However, some countries have implemented telemedicine abortion services without the requirement of in-person visits during and after the COVID-19 pandemic. The aim of this study is to (1) describe abortion seekers' experience of currently available abortion care; (2) explore abortion seekers' suggestions for improving medication abortion care; and (3) explore abortion seekers' views on an abortion care model that omits an in-person appointment and examination. We interviewed 20 participants who sought early medication abortion at Sahlgrenska University Hospital, Gothenburg, Sweden, from March to April 2023. Systematic text-condensation of qualitative semi-structured interviews was used to explore abortion seekers' experience of the pre-abortion visit, including the gynecological and ultrasound examinations, thoughts about abortion care services, and telemedicine abortion. Three main findings emerged (1) The participants found it easy to contact the abortion clinic, but experienced undesired waiting time (2) Most participants appreciated the gynecological examination, but some found it distressing and uncomfortable (3) Participants considered telemedicine and taking mifepristone at home to be a good option in addition to in-person abortion care. Offering both telemedicine and in-person consultations enhances abortion seekers' autonomy, reduces delays, and minimizes stress in abortion care.

Embodied Critical Learning through Performance Teaching

A critical mode of being is not only written into the Swedish law of university education as a learning outcome for all students, but also vital for Media and Communication students approach to their studies and their future lives as media producers. Taking on this challenge, I created an experiment 15 years ago, which I term performance teaching. It was a way to force students out of their uncritical absorption of course-content only focusing on exams, into a critical mode of thinking and doing. At first this performance teaching entailed lecturing in totally different lifestyle outfits every day, with the aid of colleagues and the city theatre. The following 13 years, however, only the first day of term was used for the performance and the experiment turned into a permanent teaching method, tied in with theories of critique of sources and media critique. This is the case that will theoretically discuss in this article. I will argue for didactically designing learning processes that tackles the issues embodied critical thinking and doing. My main argument is that by acknowledging that we, as lecturers and students, are physical beings and that learning should take place through one’s entire body, learning processes can be didactically designed to better learning processes. The aim of the article is showing how performance teaching can create a positive base for critical learning, thinking, and doing media, and theoretically analysing and discussing this. Theoretically, the concepts I use are mainly based on bell hooks’ works on feminist critical pedagogy. I also lean on Bourdieu’s (2001) concept hexis and habitus, and Larsson and Fagrell’s (2010) The Conception of Performed Body. I’m furthermore inspired by Selander and Kress’ (2010) book on didactic design and Toke Gissel’s (2016) work on Media Didactics, which ties my research to my subject Media and Communication studies. Methodologically the case study is based on student questionnaires and interviews. The result shows that students yearn the familiar, they want what they believe a university education and a “proper university lecturer” should be. When taken out of their pre-understandings of this and when the course didactics are consciously designed to foster criticality, they start to think and do critically. The performance lecture is but a small starting point in achieving this, but its effects seem to last students’ entire bachelor program (and possibly beyond). The article does not argue for a performance lecture as such, as it could be a hard act hard to follow, but that university lectures should aim for what bell hooks terms practical wisdom. Furthermore, we need to bring embodied learning into the classroom, and we must acknowledge that fostering critical thinking and critical doing is key to any university education.

Decreasing the carbon footprint of food through public procurement-A case study from the municipality of Härnösand.

Eating habits are among the strongest drivers of negative environmental impact. Public procurement has been suggested as an efficient lever to catalyze changes within the food system. This study examines alternative purchase processes that may decrease the carbon footprint of publicly procured food through a case study of a municipality in the Northern part of Sweden. The GHG emissions associated with the current food service in the case study were 2.2 kg CO2e per kg food and must be reduced by 40.9% by 2030 to comply with the Paris Agreement; 76% of the emissions derive from food of animal origin (44% from unprocessed red meat). Three alternative diet scenarios, "zero red meat," "-50% red meat," and "flexitarian free from red meat," were explored. Only 6% of the total purchased food kilograms were altered, yet the cutback of meat caused GHG emissions reductions turned out to be as high as 44%. The Swedish Law on Public Procurement, deficient infrastructure, unsustainable food culture, and local politicians' reluctance to change were mentioned as the main obstacles to materializing necessary changes in the food procurement system. The respondents also pointed out essential policy changes at the national and municipal levels.

Sweden: multiculturalism and specifics of religious freedom’s realization in secular state

Sweden has a long history of being a monoconfessional state. However, in the 20th – 21st centuries the composition of Swedish society has changed, leading the country into a crisis caused by the policy of ignoring the needs of ethnic and religious minorities. In recent years, multidisciplinary research works have been focused on finding a ground of the current social and political destabilization in this country caused by on-going religion- and ethic-based conflicts between its nationals. Some of them suggest that Sweden is not a secular but a clerical state, others – that there is a gap in its legislation.The author of the article offers another point of view, according to which, the Swedish law enforcer distorts the constitutional and legal meaning of the provisions on religious freedom that occurs under the influence of historical specifics of the development of Swedish law, hence the lack of uniformity in law enforcement practice for the implementation of this fundamental human right.The subject of the study is the norms of the legislation of Sweden, including historical legal acts and documents, as well as relevant court cases and key findings of domestic and foreign research works.Objective: to prove the influence of historical specifics of the development of Swedish law on the current legal enforcement practice under which the distortion of the constitutional and legal meaning by the Swedish law enforcement takes place.Methods: the author employs a combination of general (content-analysis, case-study, formal logical method, generalization etc.) and private scientific methods (formal judicial methods, concrete sociological method of studying state and legal phenomena etc).Results: The obtained results demonstrate that Swedish law enforcement has been given an opportunity for a broad interpretation of constitutional norms. The author identifies the distortion of the constitutional and legal meaning in provisions that provide a special status to followers of the evangelical faith, on the one hand, and a partial ban on religious and ethnic minorities from expressing their confessional affiliation, on the other. The analysis of specifics of the development of Swedish law demonstrates the possible ground of the existing constitutional inequality is the historically discriminatory nature of the legislation in relation to followers of other religious cults. These results can be used as a foundation for future research in the field of realization of religious liberty in multicultural states.

Why should we punish and how? The role of moral intuitions and personal worldviews for punitiveness and sentencing preferences

ABSTRACT This research investigated the role of moral foundations and broader worldviews in judgments about why and how criminal offenders should be punished. In Study 1, Swedish law students (N = 103) and social science students (N = 130) evaluated how harsh the punishment for crimes that varied across three crime categories and five contexts should be. In Study 2, Swedish adults (N = 161) evaluated eight sentencing goals and thirteen sentencing methods. Humanism and individualizing intuitions were associated with higher punitiveness for crimes that involved a selfish motive or harm inflicted upon the victim and with increased focus on rehabilitation and counseling. Normativism and binding intuitions were associated with higher punitiveness when the damage was primarily material, less leniency when there were mitigating circumstances, and more focus on retribution, deterrence, restoration, incapacitation, denunciation, and imprisonment. The moral foundations predicted preferences concerning sentence goals and methods better while the worldviews predicted punitiveness better. The results show that we need to take both people’s moral foundations and their broader worldviews into consideration to understand why and how they think criminals should be punished.

Access to environmental information in Sweden in the context of principles of good administration

Purpose This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration. Design/methodology/approach This paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information. Findings Despite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights. Research limitations/implications It was not possible to perform a comparative review of court cases on relevant issues from different EU member states. Practical implications Access to environmental information could be a tool for environmental democracy and sustainable development. Social implications Access to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives. Originality/value This study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.

Transparency of the Swedish Competition Authority

The constitutional principle of access to public records and the administrative principle of parties’ right to access their files create transparency in the Swedish Competition Authority. In many ways Swedish law is built on the same ideas as EU law. However, the Swedish constitution requires more specific provisions on confidentiality in statutes decided by the Parliament. As regards the Swedish Competition Authority, five different sections of the law protect confidentiality, depending on who is to be protected, what activities are concerned, what kind of information is involved and how likely it is that someone will be harmed. These detailed provisions can in principle contribute to predictability, limiting the authorities’ discretional power, but they also constitute a complex patchwork that can be difficult to comprehend. A problematic legal conflict would arise if a document were confidential according to EU law, for example to protect trade secrets, but not confidential according to Swedish law. However, so far, EU law has only been invoked to expand the right to access to documents, especially regarding companies that intend to bring action for competition law damages.

Digitalisation in EU Competition Law and the Swedish Principle of Transparency

The procedural and institutional rights granted by the EU Charter of Fundamental Rights have an important impact at national level in the application and interpretation of competition law by national courts and national authorities. In Sweden, the situation is particularly fascinating since the principle of openness – which affords a maximum standard of human right protection – may conflict with the procedural and institutional rights of the Charter, i.e. Articles 41, 47 and 53 of the Charter. The application of the Charter by the public procurement authority is also of interest here. Arguably, the principle of openness as defined by Swedish law should be respected in light of the procedural and institutional rights granted by the EU Charter.

Moral rights and the protection of classics: A study of §51 in the Swedish Copyright Act of 1960

This article examines §51 of the Swedish Copyright Act 1960, generally known as ‘the protection of classics’ in relation to international discourses on copyright in the mid-twentieth century. The provision in §51 protects works of cultural significance by deceased authors and artists against reproductions that are considered offensive, even if the works are in the public domain. This article analyses the arguments and motives that led Swedish legislators to draft §51 and contextualises them internationally. The origin of the protection of classics is rooted in the notion of a paying public domain, a provision which existed in various countries in the twentieth century that allowed the state to collect royalties for works in the public domain. In Swedish copyright law this economic right was reinterpreted as a moral right to protect classical works. Unlike conventional moral rights, this right aimed at protecting the interests of the public rather than the integrity of the author. The protection of classics, and to an extent the notion of a paying public domain, can be seen not so much as a regulation of intellectual property but more as a statement about cultural heritage. By showing how the protection of classics operated within the international discourse on copyright law of the twentieth century, this article explores the relation between moral rights, a paying public domain and cultural heritage.

Den allmänna repressionsnivån och brottens relativa allvar

AbstractA recently proposed overhaul of Swedish criminal law is characte rized by calls for punitive reforms. The government cites changes in the perception of the severity of different crimes, the appropriate general level of repression, the balance between the interests of the penal system, and the function of punishment, as reasons for a more repressive criminal law. Yet the general level of repression and the impact of previous repressive measures in Sweden are relatively unknown. This article demonstrates what a more repressive criminal law would mean by providing an overview of punitive reforms proposed in Sweden between 2010 and 2023. Over 150 enacted punitive changes are identified, 81 of which were presented by the Ministry of Justice in connection to the judicial system. About 40 % of the total changes relate to the assessment of the seriousness of different crimes. This highlights the impact of the cited perceptions on the general level of repression and provides an empirical foundation for the discussion on punitiveness in Sweden.

Half a step behind – bulk disclosure of confidential data in third-party GenAI solutions under the Swedish Public Access to Information and Secrecy Act

Technological progress poses unique challenges for the public sector. New technology should be adopted, but it must always be done within the framework of good administration. It follows laws governing public administration must be continuously adapted. Sweden recently amended its secrecy legislation to facilitate the use of third-party cloud solutions by public authorities. When the amendment was enacted, most public sector organisations had already been using external cloud solutions for a long time. Today, there is as much pressure on authorities to implement AI technology as there ever was to move administration into the cloud. This paper uses traditional legal methodology to investigate if the Swedish secrecy legislation adequately enables the use of cloud-based GenAI solutions. Findings indicate that the recent amendment is likely insufficient and that there are significant practical hurdles for the application of the law, particularly with services from global cloud providers. The paper contributes to the understanding of Swedish law, and of the difficulties that can occur anywhere when policy makers and legislators do not move in tandem.

The Only Path to Justice: The Criminal Legal System and Defamation Judgments Related to #MeToo in Sweden

This article presents a study of court judgments involving women who, in connection with #MeToo, identified alleged perpetrators of sexual violence in social media and were later prosecuted for and convicted of criminal defamation in Sweden. We conceptualise the use of social media to share experiences of sexual violence as an informal path to justice. First, we show that this is supported by how court judgments describe women’s reasons for sharing their information, such as telling their story and sharing it with others. Second, according to Swedish defamation law, a truth defence is allowed only if the defamatory statement is first considered to be justifiable, balancing between the defendant’s interest of freedom of speech and the complainant’s interest of honour and reputation. We show that the courts did not assign the interest of speaking out about sexual violence such a significance that it would make the statement justifiable. In effect, the criminal justice system emerges as the only path to justice for victims of sexual violence, simultaneously making perpetrators invisible and victims responsible for telling without naming.

From the Recognition of ‘Psychiatric Disorder Caused by Asbestos Exposure’ to the Mobilisation of Dignity in Labour Law: A Comparison of France and Sweden

Abstract In two rulings on 8 February 2023, the French Court of Cassation invoked the notion of ‘dignity’ in labour law to support claims for ‘damage due to anxiety’ (‘préjudice d’anxiété’). The concept of ‘damage due to anxiety’, which might in English be translated more functionally as ‘psychiatric disorder caused by asbestos exposure’, is based on loss arising from the fear of developing a future disease due to occupational exposure to a toxic and hazardous substance, such as asbestos. Based on a reading of these two cases, the aim of this article is to analyse the approach developed in the French legal system, and to discuss it from the standpoint of Swedish law. The concept of ‘psychiatric disorder caused by asbestos exposure’ is not currently recognised in Swedish law. However, the idea that physical work environment factors can cause psychological injury is not entirely unfamiliar. It touches upon the ideas of a holistic approach to the work environment and a broad and inclusive concept of health and illness, which are important foundations for Swedish work environment law. By studying this specific occupational health and safety issue it is possible to illuminate not only how this topical and important issue is regulated in France and Sweden, but also on a broader level how these two legal systems—the French one based on the individual responsibility of the employer and the Swedish one on collective bargaining—are functioning when it comes to systems of prevention of and compensation for ill health.

An integrated model for criminal responsibility in action: How Swedish criminal law operates without an insanity defence

In nearly all criminal justice systems, a defendant’s severe mental disorder can trigger special rules that excuse or exempt the defendant. Swedish criminal law adopts an alternative approach that considers all defendants to be equal in terms of accountability, or capacity for responsibility, and lacks any rules that excuse or exempt a defendant with a severe mental disorder or disability. This paper presents the first comprehensive study of how Swedish criminal law functions without an insanity defence. The analysis focuses on the legal assessment of mens rea and offers observations regarding the Swedish model that are of particular relevance for discussions concerning the potential and pitfalls of an “integrated” model for criminal responsibility.

Criminal liability of legal entities according to Swedish law

Criminal liability of legal entities according to Swedish law

Regulation of Treasury Shares in Kuwaiti Law: A Comparative Study

Treasury shares have a significant role in companies and capital markets’ regulations. As a result, it gained the attention of legislators and legal scholars. This paper examines the regulatory rules regarding treasury shares in Kuwaiti law, its philosophy, and practicality. The paper adopts a comparative, analytical approach addressing the historical evolution of treasury shares and comparing related regulations and legal provisions in many jurisdictions. With comparative law at hand, this paper aims to thoroughly examine the concept of treasure shares and their legal nature, their characteristics, buy-back procedures, treasury shares’ relation with the company’s capital structure, and ultimately, the uses of treasury shares. By analyzing Law No. 7 of 2010 Regarding the Establishment of the Capital Markets Authority and Regulating Securities Activities and Law No. 1 of 2016 Regarding Companies Law and by incorporating comparative law such as Swiss, German, Swedish, Danish and other laws, this study demonstrates different matters related to treasury shares that are not yet regulated in Kuwait. The research assesses the legal provisions governing treasury shares, addressing matters such as shareholder rights, voting power, and market manipulation concerns. It argues for regulatory reform to further enhance the provisions governing treasury shares. As a result of the analysis given, recommendations are provided to enhance the regulatory framework in Kuwait.

Trust and easy access to home care staff are associated with older adults' sense of security: a Swedish longitudinal study.

Older adults are increasingly encouraged to continue living in their own homes with support from home care services. However, few studies have focused on older adults' safety in home care. This study explored associations between the sense of security and factors related to demographic characteristics and home care services. The mixed longitudinal design was based on a retrospective national survey. The study population consisted of individuals in Sweden (aged 65+ years) granted home care services at any time between 2016 and 2020 (n=82,834-94,714). Multiple ordinal logistic regression models were fitted using the generalised estimation equation method to assess the strength of relationship between the dependent (sense of security) and independent (demographics, health and care-related factors) variables. The sense of security tended to increase between 2016 and 2020, and was significantly associated with being a woman, living outside big cities, being granted more home care services hours or being diagnosed/treated for depression (cumulative odds ratio 2-9% higher). Anxiety, poor health and living alone were most strongly associated with insecurity (cumulative odds ratio 17-64% lower). Aside from overall satisfaction with home care services, accessibility and confidence in staff influenced the sense of security most. We stress the need to promote older adults' sense of security for safe ageing in place, as mandated by Swedish law. Home care services profoundly influence older adults' sense of security. Therefore, it is vital to prioritise continuity in care, establish trust and build relationships with older adults. Given the increasing shortage of staff, integrating complementary measures, such as welfare technologies, is crucial to promoting this sense of security.

Older adults’ experiences of participation in daily activities in Swedish assisted living

BackgroundAccording to Swedish law, older adults in Sweden should be able to live a good, safe, and independent life with social and healthcare provided, based on their individual needs. In assisted living in Swedish eldercare the environment affects the older adults’ ability to participate in decision-making and strengthens their ability to feel meaningfulness. The ability of staff working in social and healthcare to invite older adults to participate varies. It is important to examine how older adults perceive their situation, as caregivers in eldercare tend to focus on routine work and experience difficulties in meeting the individual needs of older adults. The aim of this study was to explore how older adults in assisted living experienced participation in daily activities.MethodsA qualitative interview study was conducted in two municipalities in the western part of Sweden. An exploratory and inductive design was used. Individual interviews were conducted with 11 older adults living in two different assisted living facilities. The data were analysed using thematic analysis.ResultsThe interviews resulted in three themes: Being involved, Sense of well-being, and Influenced by the context. The older adults’ experiences of participation were interpreted as feelings of being involved in daily life activities, and how they felt involved in their own care and nursing. Participation created prerequisites for well-being. Sense of well-being could be related to feelings of security and social community. The organisation and work environment of the healthcare staff had a great impact on their ability to increase the participation of the older adults. The older adults were aware of the everyday work situation of the providers of social and healthcare and were Influenced by the context.Discussion/conclusionImportant conditions for a good quality of life and participation for the older adults are to be treated with respect, receive information, and be able to choose. The older adults expressed several good ideas for improvements and a willingness to be involved in the development of the organisation at different levels. It is essential to invite older adults in assisted living to participate in the design of care and nursing.

To withhold resuscitation – The Swedish system’s rules and challenges

The aim of this article is to describe current Swedish legalisation, clinical practice and future perspectives on the medical ethical decision “Do-Not-Attempt-Cardio-Pulmonary-Resuscitation” (DNACPR) in relation to prevent futile resuscitation of in-hospital cardiac arrests. Sweden has about 2200 in-hospital cardiac arrests yearly, with an overall 30-day survival ratio of 35%. This population is highly selected, although the frequency of DNACPR orders for hospitalized patients is unknown, resuscitation is initiated in only 6–13% of patients dying in Swedish hospitals.According to Swedish law and although shared decision making is sought, the physician is the ultimate decision-maker and consultation with the patient, her relatives and another licenced health care practitioner is mandatory. According to studies, these consultations is documented in only about 10% of the decisions. Clinicians lack tools to assess risk of IHCA, tools to predict outcome and we are not good at guessing patients own will.Future directives for clinical practice need to address difficulties for physicians in making decisions as well as the timing of decisions.We conclude that the principles in Swedish law needs to be fulfilled by a more systematic approach to documentation and planning of meetings between patients, relatives and colleagues.