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Diskrimineringsersättning som ideell ersättning : Med särskilt fokus på diskriminering och trakasserier av kvinnor

In accordance to the Swedish Act on Discrimination, chapter 5 section 1, a person that violates the forbidden discriminartiongrounds has to pay for the damages in order to compensate the victim for the damage the action caused. Since the Swedish Legal System is controlled by EU-law it is of importance to interpret some of EU directives on discrimination within the Swedish Act. The directives statues that all sanctions on discrimination should be effective, proportionate and dissuasive. The aim of this thesis is to investigate discrimination compensation as a non profit replacement especially regarding the harassment of women. The compensation comprises of an amount of money and came in year 2009 as a new form of sanction for discrimination in Sweden. It has two purposes, to compensate the individual for the violation and to prevent discrimination in society. The Labour Court has interpreted the sanction differently compared to the Supreme Court, where the assessments are more based on statements from the legislature. The investigated practice from the Labour Court shows that the compensation for women is pretty much the same, even if talking about different actions. It does not seem like the judges has discussed the exposure of women which the author means could help fullfilling the aim with the compensation, to prevent discrimination.

Identiferoai:union.ndltd.org:UPSALLA1/oai:DiVA.org:lnu-78642
Date January 2017
CreatorsJohansson, Maja
PublisherLinnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO)
Source SetsDiVA Archive at Upsalla University
LanguageSwedish
Detected LanguageEnglish
TypeStudent thesis, info:eu-repo/semantics/bachelorThesis, text
Formatapplication/pdf
Rightsinfo:eu-repo/semantics/openAccess

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