Positiv särbehandling i Sverige - En kritisk analys av Sveriges tolkning av positiv särbehandling i relation till EU-rätten

Detta är en Kandidat-uppsats från Lunds universitet/Institutionen för handelsrätt

Sammanfattning: Equality between women and men in the workplace is important when working towards an equal society. This essay aims to investigate how Sweden has interpreted the exemption from discrimination called positive action. The concept is based on EU law and is formulated to promote equality between men and women at the workplace. This possibility for using positive action is, however, composed vaguely. Therefore, a deeper investigation is required to understand what boundaries the concept is allowed. The research question is, therefore: How can the Swedish law, regarding positive action, be understood according to EU law? To answer this question, this essay provides a walkthrough of the requirements needed, as well as an investigation on how case law describes positive action in Sweden. This will be compared to the EU law, whereby the presentation will, clear out which similarities and differences that can be found between them. In the analysis, there are many similarities presented between the two legal systems. In conclusion, Sweden has effectively and correctly interpreted positive action, based on the fact that both systems have the same requirements. All the requisites in Sweden are based on case law from the EU-court, which indicates well incorporation. The answer to the research question is therefore, that the Swedish interpretation of positive action gives a fair and correct vision of how the concept should be used.

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