Refugee Immigrants and the Access to Work in Sweden: Legal Obligations under International Human Rights Law?

Abstract: This study explores the access of refugee immigrants to employment in Swedish labour market. It explores the trend in immigration in Sweden and the transition from labour immigration to refugee immigration. It shows that Sweden adopts a generous immigration and refugee policy and grants protection to a huge number of refugees but it has had difficulties in improving access to employment for these groups. The rate of participation of refugee immigrants in Swedish labour market has decreased since the beginning of the changes in immigration policies in 1970s. Factors such as the modest human capital of the refugees and the practice of discrimination in labour market has been found as the major explanations for the low rate of participation of immigrants in the Swedish labour market Sweden has taken some legislative, administrative and financial measures to comply with its international obligations to realize the right to work for refugees; however these measures have shown a little impact on improving access to work for the groups of immigrants. This study also examines the normative content of the right to work in international law and its applicability to refugees. The nature and scope of Sweden’s obligation to promote access to work of refugee immigrants are also examined in this study especially with regard to the principle of non-discrimination. This study concludes that there is gap between the right of refugee to work which is recognized by the international and national laws and the practice of this right in Sweden. Therefore, and in order to improve access to employment for refugee immigrants the study suggests some recommendations in respect of increasing the human capital of refugees and combating discrimination in labour market.