Förbud mot rasistiska föreningar - Föreningsfriheten i Sverige, Finland & Tyskland

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Författare: Wilma Stranne; [2019]

Nyckelord: föreningsfrihet; Law and Political Science;

Sammanfattning: Should Sweden prohibit racist associations? This is a highly relevant question of today since problems of increased racism has attracted attention in Sweden the last few years. Associations dedicated to racism has been given more and more space in the media and are given demonstration permits on the same terms as other associations. Those in favor of prohibiting racist associations says that Sweden should take a stand and show that organized racism is unacceptable. Opponents says that it would constitute a disproportionate restriction of the freedom of association compared to the benefit of the prohibition. The purpose of this essay is to investigate whether a prohibition of racist associations can and should be adopted in Sweden. In order to reach a conclusion, the legal regulation of associations in Swedish law is examined and previous legislative proposals are analyzed. A comparison is made between the regulations of associations in Finland and Germany, where such a prohibition exists. The freedom of association holds constitutional protection in Sweden. It can only be restricted if special conditions occur. One possible limitation is for associations whose activities involve persecution of a certain group of people. This possibility has been introduced because Sweden's ratification of the International Convention on the Elimination of All Forms of Racial Discrimination was considered to require it. The convention’s article 4 (b) provides that the parties to it shall prohibit racist associations. However, such a prohibition has not been adopted in Swedish law on the grounds that it has not been necessary. However, this argument has been dismissed by CERD. In both Germany and Finland racist associations can be prohibited. These countries both have a registration procedure for non-profit associations, which differs from Swedish law. Registration is necessary if racist associations are to be banned, which can be problematic based on the prohibition on opinion registration in the Swedish constitution. The essay concludes that a ban on racist associations can and should be introduced in Sweden, if this problem with opinion registration can be solved.

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