CEDAW in Swedish Law

Abstract: The Convention of the Elimination of all forms of Discrimination Against Women, CEDAW, was approved by the UN general assembly in 1979 and Sweden was the first country to ratify it in 1980. This thesis investigates, firstly, the importance of CEDAW on Swedish legislation and on sentences passed by Swedish courts, and secondly the significance of the fact that the influence from CEDAW has been based on an assertation of existing norms and not on a transformation or incorporation. Finally this thesis examines if CEDAW is followed. It is only the workplace that is analysed and the focus is on recruitment and wages. CEDAW has little or no importance for Swedish courts of law or their sentences. Since the incorporation of CEDAW is in agreement with earlier established norms it cannot be in force in Swedish courts or within public authorities but is only indirectly in force as a complement to national law. To be in force CEDAW must be implemented by incorporation or transformation. The Swedish court system does not violate CEDAW, but it does not follow the convention either and, even if the result may be the same, this should be considered a discrepancy.