Public liability regarding violations of the European Convention on HumanRights (ECHR) in Sweden is a given fact; member states, including Sweden, responsiblefor such violations are liable to compensate the individuals whoserights have been violated. Since 2014, a right to compensation for certain stateviolations of the second chapter – the human rights chapter – in the Instrumentof Government (1974:152), one of Sweden’s constitutional laws, has been establishedin case law. In 2020, a Swedish Government Official Report was published,which examined whether a basis for compensation should be establishedin the Tort Liability Act (1972:207) for violations in general of the second chapterof the Instrument of Government. The parliamentary committee investigatingthe matter concluded that such a basis should be established as it wouldstrengthen legal certainty and increase the state’s accountability for violations ofhuman rights stated within the constitution. However, as the inquiry was limitedto the second chapter of the Instrument of Government, the question of thestate’s liability concerning violations of other chapters in the Instrument of Governmentremains unanswered.This thesis examines the state’s liability in violations of certain articles in thefirst chapter of the Instrument of Government from a public law perspective,using a legal doctrinal method. Accountability in this thesis is not limited to tortsand therefore include other ways to attain non-pecuniary reparation, as torts isthe last resort for individuals in terms of effective remedies. To examine suchaccountability, the thesis firstly surveys the evolution of public liability in violationsof the second chapter of the Instrument of Government, which is basedon obligations following the ECHR. Secondly, application of Articles 1, 2 and 9in the first chapter of the Instrument of Government is accounted for. Thirdly,the relation between principles and rights within the first chapter of the Instrumentof Government and the ECHR is examined.The findings within the three parts are thereafter brought together to determinehow public liability in violations of the first chapter of the Instrument ofGovernment works, concluding that accountability relating to that of the secondchapter of the Instrument of Government might be enforceable although thelack of case law and practice in general makes the prospect too uncertain for legalrepresentatives to strive for. Hence, leading to the final conclusion that the matterneeds to be inquired upon to a more extensive level – preferably in the formof a dissertation or as a Swedish Government Official Report.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-202722 |
| Date | January 2022 |
| Creators | Tåhlin, Philip |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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