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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 Some of the material on this website may therefore be out of date.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
Municipality – Social services – Family law – Access

A man lodged a complaint with HomO. The main points were as follows. The social services unit in Trollhättan had denied him access to his two nephews. He had had regular contacts with his two nephews for several years under the social services unit’s auspices, with increasing regularity during the previous 3-4 years. The boys were placed in a foster home and had spent roughly every other weekend with him and his mother, and had also stayed with them during holiday periods. In October 2001, the social services informed him that someone had told them that he had committed some form of criminal offence and that, as a result, the social services were obliged to report him to the police and that he could not continue to meet his nephews. The person he spoke to at the social services unit did not tell him what criminal offence was involved but simply said “you probably know what you have done” and “if you hadn’t been a queer, the police would not have been notified”.

In a written statement to HomO, the Social Services in Trollhättan stated the following, in a summarised form. In view of the information received by the social services, it was quite proper to prevent contact prior to investigation of the offence. The social services had not decided to deny the complainant access to his nephews on the grounds of his sexual orientation. The decisive factor in the measures taken by the social services had been the grounds for the suspected offence and the investigation routines involved. The man subsequently informed HomO that the prosecutor had decided to terminate the preliminary investigation of the offence for which he had been reported on the grounds of lack of evidence.

HomO concluded that the information available in this case did not give reason to assume that discrimination had occurred on the grounds of sexual orientation. In addition, HomO considered that there was nothing to indicate that further investigation was called for. In view of this, HomO closed the case.

(Decision of 1 July 2002, Dossier No. 158/02)

Discrimination

Ill: Ch Värnström

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