HomO - the Ombudsman against Discrimination because of Sexual Orientation

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The Ombudsman against Discrimination on grounds of Sexual Orientation has ceased to exist. On 1 January 2009 the Ombudsman was merged with the other Ombudsmen against discrimination into a new body: the Swedish Equality Ombudsman. The previously existing acts against discrimination were also replaced with a new Discrimination Act. Some of the material on this website may therefore be out of date. For more information, see: www.do.se

The Ombudsman against Discrimination on grounds of Sexual Orientation (in Swedish with the acronym HomO) is appointed by the Swedish Government. The Office of the Ombudsman has the general assignment to counteract homophobia and address discrimination on grounds of sexual orientation in all areas of Swedish society.

...Read more about homophobia, discrimination and the work of the Ombudsman.


The UN Universal Declaration of Human Rights is celebrated Owing to the fact that the Universal Declaration of Human Rights was adopted 60 years ago, the Ministry of Integration and Gender Equality and the Ministry for Foreign Affairs have presented a Jubilee booklet. The booklet includes a presentation of the Declaration and its articles as well as thoughts and reflections on human rights from among others Hans Ytterberg, Ombudsman against Discrimination on grounds of Sexual Orientation. ... Download the booklet

1 January 2009: the birth of the new Equality Ombudsman
On 31 December 2008, the present Ombudsman against Discrimination on grounds of Sexual Orientation and the other Ombudsmen against discrimination will be merged into the Swedish Equality Ombudsman. The new Ombudsman will base its activities on the new Discrimination Act that will replace the existing seven discrimination acts.

The Equality Ombudsman shall ensure that discrimination on grounds of sex, transgender identity or expression, ethnicity, religion or other belief, disability, sexual orientation or age does not occur in any area of society. The Ombudsman shall further promote equal rights and opportunities, supervise compliance with the Discrimination Act, handle individual complaints and promote equality through the provision of advice and education. Ms. Katri Linna, former Ombudsman against Ethnic Discrimination, will be the new Equality Ombudsman.

Among the new elements introduced by the new Discrimination Act (SFS 2008:567) are:
• two new grounds of discrimination; age and transgender identity or expression
• the extension of the protection against discrimination to new areas of society, e.g. public meetings, all education and national military service or civilian service.
• a new kind of compensation for discrimination
• the right for non-profit organizations to bring legal action for damage on behalf of individuals who have been subjected to discrimination

... Download the Discrimination Act (SFS 2008:567)
... Download the Act concerning the Equality Ombudsman (SFS 2008:568)

The Ombudsman puts discrimination in focus at Europride 2008


		During this year’s Europride the visitors could meet representatives from all Swedish Ombudsmen against discrimination which together with the Swedish local antidiscrim-ination agencies shared a tent in Pride Park under the slogan "Pride against Prejudice".

On the basis of the question “Where do you think the risk of being discriminated against is the biggest?” and “To whom or where do you turn if you have been subjected to discrimination?” the visitors were to reflect on the different grounds of discrimination, including the two new ones - gender identity or expression and age. From the Pride visitors’ point of view discrimination in the workplace seems to be the most problematic area – 344 visitors thought that the risk of being subjected to harassment or discrimination was the biggest there. However, both in schools (126) and within sports (90) continuous work against homophobia and discrimination seem necessary.

... Read more

Gender neutral marriage legislation passed by Norwegian parliament
On June 11 the main chamber of the Norwegian parliament with an overwhelming majority passed an act making Norway’s marriage legislation gender neutral. Churches and religious communities would according to the law have the legal capacity, but not the obligation, to marry gay and lesbian couples. The new law also gives same-sex couples access to adoption and lesbian couples to assisted procreation. – The new Norwegian legislation is an important step forward in order to gain equal rights for gay and lesbian couples and heterosexual couples, says Hans Ytterberg, Ombudsman against Discrimination on Grounds of Sexual Orientation. As today only heterosexual couples have the right to choose whether or not to get married, while lesbian and gay couples are not given the same choice, a legal separation in treatment that is unacceptable, Hans Ytterberg concludes. (080612)

Government bill on new antidiscrimination legislation debated in Parliament
On May 22 the government bill on a new prohibition of discrimination act is to be debated in the Swedish Parliament. The proposed legislation will merge seven different anti-discrimination acts into a single non-discrimination act and four ombudsman’s offices (sexual orientation, gender, disability and ethnicity or religion) into a single Equality Ombudsman. The bill provides for two new grounds of discrimination; age and gender identity or expression. It also incorporates certain changes in relation to the existing laws in order to secure that adequate compensation may be awarded in proved cases of discrimination. The proposed legislation, if approved by the Parliament, will enter into force on 1 January 2009. (080521)

International Day of Families, 15 May 2005
- what about LGBT families?


		The past few years’ development of Swedish legislation within the family area has in several ways implied that the rights of LGBT families have been strengthened. LGBT people now have a right to assisted procreation, to be considered for adoption, and this autumn the government intends to put forward a proposal on a gender-neutral marriage law. The fact that the queries put to the Ombudsman to a large extent are related to the family is also part of this development.

On the other hand, it is to be noted that EU legislation within the family area lags behind the national legislation in several member states and that the juridical definition of what a “family” implies remains unclear. Moreover, the European Commission now seems to abandon its plans for a new comprehensive antidiscrimination directive, also covering sexual orientation, something which directly affects the freedom of movement in Europe for LGBT families. This and similar issues are considered in the reports below and will also be discussed during a seminar that the Ombudsman will organize during Europride in Stockholm this summer. Among the participants are Dr Loveday Hodson from the University of Leicester and Mr Thomas Hammarberg, the Council of Europe Commissioner for Human Rights.

... Different Families, Same Rights? LGBT- Families Under International Human Rights Law
... Freedom and Justice, Implications of the Hague Programme. LGBT- Families and Their Children


		Annual report 2007 The Ombudsman’s annual report 2007 can now be downloaded from the website. The report presents an overview of the Ombudsman’s activities within several areas but also describes the work against discrimination on grounds of sexual orientation from a slightly larger perspective. The report contains a summary in English. … Read the annual report

The European Commission reviews anti-discrimination legislation in the EU

The common anti-discrimination legislation in the EU is presently being reviewed. As part of this process, the Commission is mapping discrimination on the grounds of religion and belief, age, disability and sexual orientation within areas outside employment. The last few months the Commission has asked European non-governmental organisations as well as Ombudsmen and Equality Authorities for their views and ideas as to the incidence of discrimination and what measures can be suitable to counteract it. It is the Ombudsman’s view that the existence of a legal framework on discrimination at the European level is of great importance for the development of effective legal mechanisms prohibiting discrimination at national level. (071025)

… Read the Ombudsman’s answer
… Read ILGA-Europe’s answer

Proposed amendments to the Swedish Marriage Code now out for public consultation

The report concerning the possibility of making marriage available to same-sex couples presented in March 2007 has now been sent out for a public consultation. The report contains proposals for a draft bill amending the Swedish Marriage Code, making it gender neutral. It also proposes the repeal of the Swedish Registered Partnership Act. The deadline for submitting comments to the report is set to 15 January 2008. The report contains a summary in English. (070920)

... Download the report

Proposal on gender neutral marriage in Norway

On the 17th of May the Norwegian government issued a proposal for new legislation concerning gender neutral marriage. According to the proposal churches and religious communities would have the legal capacity, but not the obligation, to marry homosexual couples. The Registered Partnership Act is proposed to be abolished.

If the proposal is adopted, married lesbian and gay couples will have the possibility to be tried for adoption on the same terms as married heterosexual couples. Married lesbian couples or lesbian cohabitants will have the same access to assisted procreation as heterosexual married couples or cohabitants. The non-biological mother in a lesbian marriage will automatically be considered parent to a child conceived by assisted procreation corresponding with the rules applied for the husband in heterosexual marriages. (070521)

Poland was wrong to ban a Gay Pride parade

The European Court of Human Rights in a unanimous judgment 3 May 2007 condemned Poland for violating the European Convention for the Protection of Human Rights and Fudamental Freedoms.

Warsaw authorities in 2005 banned a Gay Pride parade and several stand still assemblies in connection with that. The European Court found that Poland had violated the right to freedom of assembly (art. 11), the prohibition of sexual orientation discrimination (art. 14) and the right to effective national remedies against such violations. (070504)

... Read the judgment of the Court in the case of Baczkowski and others v. Poland (Appl. 1543/06)

Hans Ytterberg, HomO
Photo: Peter Knutson

HomO | Box 3327, 103 66 Stockholm | E-mail: homo@homo.se | Phone: +46 (0)8 508 887 80 | Fax: +46 (0)8 508 887 90