1. Minorities and Minority Rights in Sweden
On 1 January 2010 a new Act on National Minorities and National Minority Languages[1] entered into force in Sweden. The new law is a response to the deficiencies that were found in Sweden’s implementation of its international obligations to protect national minorities and their languages.
The Swedish Constitution of 1974 provides in Art. 2(5) an obligation for the State to promote the preservation and development of a cultural life of ethnic, linguistic and religious minorities. However, this provision is considered to be only of a declaratory nature and may not be invoked by individuals or groups before courts.[2] In December 1999[3] the Swedish parliament ratified the Framework Convention for the Protection of National Minorities (‘Framework Convention’)[4] and the European Charter for Regional or Minority Languages (‘European Charter’).[5] In a declaration made with respect to the Framework Convention the Swedish parliament recognized Jews, Roma, Sami, Swedish Finns and Tornedalers as national minorities, a status they had long been denied in Sweden.[6] Furthermore, the recognition of the Sami as an indigenous people was underlined.[7] The languages of these groups, Yiddish, Romany Chib, Sami,[8] Finnish and Meänkieli, were equally recognized as national minority languages and a separate national minority policy was adopted by the government.[9] According to this policy the national minorities have a specific solidarity within the respective group, an own religion, a linguistic or cultural linkage, and a willingness to maintain their own, distinct identity.[10] They moreover strive towards protecting their own culture and language, which makes them a viable part of the Swedish society and the common heritage of Sweden.[11] Altogether around 500,000 people are, based on their own individual identification and ethnical connection, members of these groups. The goal of the Swedish policy of minority protection, including that applicable for the period between 1999-2009, has been to protect those groups, to strengthen their influence, and to support their minority languages. Yet despite the long tradition of protecting human rights and taking measures against discrimination, the Swedish government was relatively slow in implementing this protection.[12] For long minorities such as the Sami, Finns and Tornedalers, have been subjected to significant pressure to assimilate with the main Swedish culture.[13]