Given the recent scandals in the legal system and the upcoming legislation that will make it legal to tap communications en masse without prior suspicion of criminal activity, I've been giving some thoughts on how repressive Sweden actually is. There is one document that goes above all else in such matters, so let's see how Sweden follows the UN Universal Declaration of Human Rights, and the result is not impressive, not impressive at all.
I'll go through them one by one and comment on how Sweden respects or shows lack of respect for each of them. My comments are in italics, with a running tally adding up the scores in bold. I have not made any attempt to mention all cases where Sweden is in violation of these rights, I only pick a few sample cases for brevity. Einstein supposedly said "No number of experiments can prove me right, but a single experiment can prove me wrong", and in that vein, I believe that a single example is enough to prove that the Swedish system is not working.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Well, not much to complain about here. Sweden aims in this direction and makes a serious effort, although that effort for practical and economical reasons often fall short of the target.
+1, total +1
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Well, given that FRA, the military signal surveillance organisation, has the right to register, among other things, the following information on Swedish citizins, this is more or less a total crash and burn:
Read more about this on http://felten.yi.org/blog/?p=38, the full text of the law on http://www.notisum.se/rnp/SLS/lag/20070259.htm.
-1, total 0
Everyone has the right to live, have liberty, and security of person.
Well, given that Sweden has let people be taken against their will to other countries where they have been subjected to torture, and it was known that this would happen, we can't really claim to respect this. These men were not even convicted of any crime (not that it would have made any difference, handing them to Egypt would have been wrong anyway).
Links: * http://www2.amnesty.se/wot.nsf//5DFBAC9FB86B8900C125723E0075168A?open * http://www.advokatsamfundet.se/templates/CommonPage_Advokaten.aspx?id=6099
These men have yet to be returned to Sweden, and no compensation of any kind have been offered to them.
-1, total -1
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Well, slavery is illegal in Sweden and is not accepted, so this is a pass.
+1, total 0
No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
See the case mentioned in article 3. There are also other examples, such as the attacks against demonstrators in Gothenburg, where they where forced to lie face down on the ground for a long time, without any charges being brought forward or any layers being present. We also have several cases of people in custode getting abused or killed, the most famous being the Osmo Vallo case (http://sv.wikipedia.org/wiki/Osmo_Vallo).
-1, total -1
Everyone has the right to recognition everywhere as a person before the law.
Well, this is a pass, I don't think the right to be a person has ever been questioned.
+1, total +1
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
All people in Sweden are equal before the law, unless they have the wrong skin color, the wrong parents, the wrong friends, not enough money, the wrong political beliefs, the wrong sexual preferences, the wrong religion and so on. Of course, most of this is not written into any law, but the results are clear. If you are a rich white man with a position of trust, you'll get away free from things that would destroy the life of a immigrant kid in a bad neigbourhood. While we don't have an apartheid law, we sure have an apartheid system.
Also, note the what the government routinely registers about the citizens in the comment under article 2 above. If they register that information, they intend to use it, and that says a lot about equality before the law.
-1, total 0
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Once again, I bring up the case of the two men deported to Egypt for torture, the Osmo Vallo case, the demonstrators and cameraman who was mowed down in Gothenburg and many others. There is a clear, unwritten, policy that the police never get convicted if they do something wrong, which, of course also means that the victim never gets compansation or a restoration of his honour.
-1, total -1
No one shall be subjected to arbitrary arrest, detention or exile.
Once again, the case of the men deported to Egypt springs to mind, but also the groundless attack against The Pirate Bay. In the TPB case, even the prosecutor handling the case had written a report that found that their activities were perfectly legal, yet, he went on with the attack after pressure from foreign companies. In other words, he knew he had no legal grounds, yet he did it simply to harass them.
-1, total -2
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Currently, the The Pirate Bay case is the best example of how this article is violated. Some of the more drastic violations:
Other cases exist as well, such as when the ISP Bahnhof was shut down for a while after the antipiracy lobby organization Antipiratbyrån thought they were not as outspoken against piracy as they should be, and used a mole to plant contraband in their servers, then brought the police down on them. Despite all this being proven, no compensation has been awarded.
Other cases of piracy has led to convictions solely based on easily faked screen dumps made by Antipiratbyrån, with no other solid evidence.
To sum this up, if you want a fair trial, don't hold it in Sweden.
-1, total -3
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
This works, unless, of course, the accusation is something like terrorist, pirate or pedophile, in which case the system works according to "media opinion justice", and the matter turns from "guily or not" to "who can think of the most gruesome punishment".
We also, again, have the TPB case, which had precedents showing clearly that they did nothing illegal, yet the police chose to attack the servers and the people behind them with around 50 armed policemen, the single largest show of force by the police since the assassination of our prime minister, despite the fact that there was no reason to expect any resistance.
-1, total -4
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
The recent FRA law proposal that will make mass tapping of communications legal and which will pass in a few days makes it very clear that we have no right to privacy. Actually, they have been doing this for decades, which was exposed just this weekend as a recording of the former FRA head admitted to the FRA, with the knowledge and support of the government, doing this in breach of the Swedish constitution.
This link has some good information on this: http://rickfalkvinge.se/2008/05/30/fra-forslaget-en-tidslinje/
-1, total -5
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Well, the traffic laws pretty much makes movement heavily regulated and thus unfree. Another fail.
-1, total -6
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Sweden is routinely turning away asylum seekers, even though we know that they will be persecuted, tortured or even killed. Once again, the two men sent to Egypt is a good example.
-1, total -7
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
I think this is followed, so a pass on this one.
+1, total -6
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
To understand this, we must look closely at the wording. They words "men and women" instead of "every man and woman" implies that polygamy and same-sex marriage should be allowed. Neither is allowed in Sweden, the closest thing is a legal construct for same sex couples to enjoy the legal benefits of marriage, but it is not called marriage.
-1, total -7
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
With the risk of sounding like a broken record, once again the TPB case pops up. During the police attack against them, their equipment was taken. Now, over two years later, it has not been returned, despite the fact that they have not yet been convicted. The same goes for several completely unrelated servers who just had the bad luck of being in the same web hotel, including a couple of political sites the government had found uncomfortable.
Also, in the same raid, they took as evidence such equipment as monitors, keyboards and the air condition unit, equipment which obviously has no evidence value.
-1, total -8
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
If we have the freedom of thought and religion, why the need to snoop on the citizens to build a database of their thoughts and religion? If one is to have freedom of religion, that has to include the "wrong" religion as well. Fails miserably.
-1, total -9
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Once again, the FRA makes sure this freedom is not possible. Even if there is no censorship per se, the knowledge that every communication is recorded is enough to limit your expression. That said, there is a censorship, and political sites have been shut down, such as a site which was critical against the Russian military intervention in Chechnya, and the pro-piracy think tank and lobby site Piratbyrån.
-1, total -10
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Well, #1 died in Gothenburg, where the police attacked peaceful protesters. The events later escalated to mutual violence, but the initial violence was the police attacking peaceful demonstrators.
-1, total -11
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
#1 works on paper, but fails big time in practice, as the elected representatives get elected on one premise, after which get make a U-turn and completely ignore the promises made before the election. For instance, our current government promised that file sharers would not be targeted for legal action, and after the election, they propose some of the most draconian laws yet in this area. How much does a vote matter if the matter voted for is in a state of flux? If you don't know what your vote will mean, it's just a random vote, and not democracy.
#2 works if you have money. If not, then good luck, because then you are on your own. Sure, there are exceptions, but they are deconstructed one by one.
The same objections as the ones aginast #1 also applies to #3.
-1, total -12
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Once again, this is being deconstructed at a rapid pace. If you are healthy and have a good job, everything is fine. If you get sick and can't work, it's tough. If you also have a couple of kids, then it's a struggle. If you have the bad luck of being an alcoholic or narcotic addict, or have once been in prison, then your on your own while society kicks you.
-1, total -13
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Here, we get stuck in the issue of "right to" versus "actual possibility of". Someone with a foreign sounding name and a foreign accent will find it harder to find work. Someone with a criminal record will find it almost impossible.
Equal pay is a joke. The ones who makes the most noise and who belong to a privileged group get more pay, it's as simple as that. Every statistic shows that women and immigrants get less.
-1, total -14
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
This one is something that is actually fairly well respected.
+1, total -13
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
We actually used to have pretty good protection for #1, but it has been meticiously deconstructed in the recent decades.
-1, total -14
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
We do still have a good education for everybody. I doubt we will have it much longer, but for now, it works, so this is a pass, if with some concerns.
+1, total -13
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
#1 was pretty much shot when TPB and Piratbyrån was attacked, citing #2 as support. This, of course, is a smoke screen, as the research shows pretty clearly that #2 benefits from #1, and so the TPB and Piratbyrån is actually helping #2.
-1, total -14
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Given the results so far, I think it's pretty darn clear that this is a fail.
-1, total -15
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Given the earlier examples, #2 and #3 is pretty much obvious fails.
-1, total -16
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
This one, while important, is not really applicable to the discussion at hand, as it is more about a limitation of the rights as stated than a declared right. In other words, no verdict on this one. In my opinion, this should have been included in the preamble, not as a separate article.
The human rights are absolute, any breach of them is unforgivable and indefensible. This means that the only acceptable result for any nation comparing itself against them according to my method would be +29. Where do Sweden rank? We get a total verdict of -16. Let's just say that at the moment, I'm ashamed of my nationality.
I encourage other people to put their own nations up to this test and see how they rank and send me the results.