paul lappalainen 2014-02-15 reva - litigating ethnic profiling
TRANSCRIPT
REVA: Litigating Ethnic Profiling!
20140215 ABF-huset, Sveavägen 41, Stockholm
Paul Lappalainen,
Senior advisor, Swedish Equality Ombudsman
The Blue and Yellow Glass House: Structural Discrimination in Sweden(Det blågula glashuset: strukturell diskriminering i Sverige SOU 2005:56)
With ethnic profiling, we see just ”them”!
Some issues
Are police stop/search actions concerning aliens covered by the Discrim Act?
DL 2:17. Contacts with the public. But judgments, official actions not covered according to legislative history (förarbeten).
Can the DO bring a discrimination case (ECHR) if the Discrimination Act does not apply???
Not so far…
What about stop documentation like the UK? Voluntary self-identification recommended in the Glass House
Problems going forward
The STATE is good. Especially the police.
NGOs want laws but seldom effectively participate in legislation or litigation
Laws protecting less powerful interests often lack (effective) remedies
Loser pays system
Lack of a progressive network of lawyers
Interplay of politics/law misunderstood
Finding an individual complainant
Moving forward
Testing the limits of the DL
Testing penal code 16:9 - unlawful discrimination by public officials
Testing penal code 20:1 – misuse of office (tjänstefel) / plus damages
Violation of European conv on HR
Political leadership re police management
NGO legal actions? Funding?
That was easy !?!?! Thank you!
Page 6
Step 1 – Civil society advocacy
STEP 2 – Civil society role in implementation of laws/policies
"Never doubt that a small group of thoughtful committed people can change the world. Indeed it is the only thing that ever has."
Margaret Mead
How to lobby? http://www.united.non-profit.nl/pages/info21.htm