Indirekt diskriminering i diskrimineringslagen : Hur ser statens plikt att motverka indirekt diskriminering ut?

Sammanfattning: Indirect discrimination is one form of discrimination according to the Swedish diskrimineringslag (2008:567). This type of discrimination is a more abstract form than direct discrimination. The direct discrimination-form is the one where one person is intending to discriminate another person because of that person belonging to a group protected against discrimination by the law. Indirect discrimination on the other hand is when one person is discriminated because of a policy or a rule that is not intending to be discriminating. This makes this form of discrimination much harder to see and make visible, that is because the intention is not needed. In this thesis the focus is indirect discrimination and how the state have a responsibility to prevent that indirect discrimination occur. To make it easier to see the indirect discrimination and who is being subject for it, this thesis is using a structural discrimination theory to provide what is missing in the law. By using this theory, this thesis argue that the state is taking less responsibility and puts the responsibility on the single managers of institutions instead. The duty of the state is thereby hard to show and makes the law difficult to use from a structural discrimination perspective.