316. In his reply,
the representative
of the State party explained
that
international
treaties
had to be incorporated
into Swedish legislation
before
they became applicable.
Accordingly,
the question
of inaonsistency
did not
arise.
In order to ensure that domestic
legislation
was in conformity
with
international
law, it was scrutinised
from the standpoint
of Sweden’s
international
commitments
and there was a general
rule that domestic
legislation
was to be interpreted
in the light
of the country’s
international
obligations.
The principal
effect
of any judgements
by the European Court of
Human Rights
or of the views expressed
by the Committee was to alert
the
Swedish Government to possible
flaws
in its legislation.
If Sweden was found
to be in violation
of the Covenant it would react by analysing
whether
the
violation
consisted
of the improper
application
of Swedish law to a particular
case or whether
the law itself
was faulty.
311. Amendments to chapter
22 of the Code of Judicial
Procedure
represented
an
attempt to strengthen
the position
of the victims
of crime by making it easier
for them to pursue claims for damages.
The requirement
for prosecutors
to
present
an injured
party’s
claim for damages at a preliminary
stage expedited
a thorough
investigation.
The initial
impact of the amendments had been a
drop in the number of cases in which claims for damages were separated
from
criminal
aspects.
318. With reference
to that issue,
members of the Committee wished to receive
information
concerning
the activities
of the Ombudsman against
Ethnic
Discrimination
and of the Advisory
Committee on Questions
concerning
Ethnic
Discrimination;
the effectiveness
of these institutions:
the linkage
between
the functions
of that
Gmbudsman and the Parliamentary
Ombudsman; the results
of the evaluation
of the Equal Opportunities
Act
by the special
committee
established
by the Government!
and the opportunities
available
to aliens
in
the job market,
including
jobs in the civil
service.
They also wished to know
whether
numerical
equality
between women and men was the only factor
taken
into consideration
in the decision-making
process
for policies
to combat
sex-based
discrimination;
how the Government maintained
a balance between the
goal of non-discrimination
and respect
for indigenous
cultures;
whether
there
had been any cases in which aliens
had been allowed
to reside
in Sweden but
had not been allowed
to work:
and what difficulties
the large number of
asylum-seekers
had generated
for the Government.
319. In his reply,
the representative
of the State party said that the
activities
of the Chnbudsman against
Ethnic Discrimination
incl.dded advice and
assistance
in individual
cases of alleged
discrimination,
general
investigative
and information
activities
and advisory
services
to the
Government.
In order to avoid any controversy
which could jeopardixe
the
position
of respect
in which the (Inbudsman against
Ethnic Discrimination
was
held by ethnic minorities,
the Act against
Ethnic Discrimination
had not
authorixed
him to take action
in court,
nor had it given him supervisory
powers over other authorities.
The Parliamentary
Chnlbudsman, on the other
hand, did enjoy such powers and there was close cooperation
between the two
institutions.
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