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Finland

Executive Summary

The Republic of Finland is a constitutional republic with a directly elected president and a unicameral parliament (Eduskunta). The prime minister heads a five-party coalition government approved by parliament and appointed by the president on June 6. The parliamentary election on April 14 and the presidential election in 2018 were considered free and fair.

The national police maintain internal security. Both Finnish Customs and the Border Guard have law enforcement responsibilities related to their fields of responsibility. The Border Guard has additional law enforcement powers to maintain public order when it operates in joint patrols and under police command. The defense forces are responsible for safeguarding the country’s territorial integrity and providing military training. The defense forces also have some domestic security responsibilities, such as assisting the national police in maintaining law and order in crises. The national police and Border Guard report to the Ministry of the Interior, which is responsible for police oversight, law enforcement, and maintenance of order; the Ministry of Defense oversees the defense forces. Civilian authorities maintained effective control over security forces.

There were no reports of significant human rights abuses.

The government took steps to prosecute officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: Public speech intended to incite discrimination against any national, racial, religious, or ethnic group is a crime. Hate speech is not a separate criminal offense but may constitute grounds for an aggravated sentence for other offenses.

Press and Media, Including Online Media: The distribution of hate material intended to incite discrimination against any national, racial, religious, or ethnic group in print or broadcast media, books, or online newspapers or journals is a crime.

Independent media were active and expressed a wide variety of views with little restriction.

Violence and Harassment: Journalists who covered sensitive topics, including immigration, far-right organizations, and terrorism, reported continuing harassment by private entities, including being targeted by defamation cases.

On April 12, the Oulu District Court convicted and fined journalist Johanna Vehkoo of the investigative journalistic website Long Play for defamation of Oulu city councilor Junes Lokka, an anti-immigration activist with a history of making xenophobic remarks and a member of the Genuinely Finnish Joint List political group. Vehkoo had called Lokka a “Nazi,” “Nazi clown,” and “racist.” Separately on April 1, Lokka himself was charged with four counts of defamation and invasion of privacy for his internet postings.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. The government continued to accept returned asylum seekers who had first entered in Finland but then moved on to other European countries according to the Dublin Regulation.

Not applicable.

f. Protection of Refugees

Refoulement: On November 14, the ECHR decided that the government violated the European Convention on Human Rights when it deported an Iraqi man to his country of origin, where he was killed three weeks later. The ECHR found that authorities had not carried out a sufficiently thorough assessment of the risks faced by the man despite accepting his account of enduring two attacks on his personal safety while in Iraq. The police and Finnish Immigration Service subsequently suspended repatriations to Iraq, although this suspension does not apply to convicted criminals.

Following an investigation in Afghanistan in 2018, the government resumed deportation flights to that country during the year.

The number of Russian-origin members of Jehovah’s Witnesses applying for asylum based on alleged religious persecution increased significantly over 2018, reaching 200 individuals by the first seven months of the year. The Finnish Immigration Service rejected approximately 90 percent of the claims by members of Jehovah’s Witnesses, and unofficial reports indicated that asylum adjudicators did not consider membership in the church alone to be sufficient basis for an asylum claim.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Parliament sets an annual quota for refugee admissions, and the government decides its allocation. Asylum seekers have the right to free legal representation throughout their application procedure. There were numerous reports by media and civil society organizations, including the president of the Supreme Administrative Court responsible for reviewing asylum decision appeals, that asylum seekers lacked adequate access to legal assistance during the initial stages of the asylum application process and during subsequent appeals.

Safe Country of Origin/Transit: The government adheres to the EU’s Dublin III Regulation that establishes which EU member state is responsible for examining an asylum application.

Durable Solutions: According to the Finnish Immigration Service, 606 refugees were accepted for resettlement in the country during 2018. The government also assisted in the safe, voluntary return of migrants to their home countries.

Temporary Protection: From January to August, the government provided temporary protection to 289 individuals who did not qualify as refugees but who were deemed to qualify for subsidiary protection. During the same period, the government also offered protection to 278 individuals based on “other grounds,” including medical and compassionate grounds.

According to the UN High Commissioner Refugees, 2,759 stateless persons resided in the country at the end of 2018. Involuntarily stateless persons and certain other special groups, such as refugees, have a shorter residency requirement–four years instead of six–than other persons before they are eligible to apply for citizenship. A child may obtain citizenship from either the mother or father regardless of the place of birth and may also acquire citizenship if the child is born in the country and would otherwise be stateless.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: The country’s national parliamentary election on April 14 and the presidential election in 2018 were considered free and fair. In January an evaluation by the Office of Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Cooperation in Europe found evidence that preparations for the election were sufficiently transparent that the ODIHR did not recommend deploying any observers for the April election itself, although it noted a need to review campaign finance limits, self-reporting of financing, and access to the polls for persons with disabilities. The Office of the Parliamentary Ombudsman issued a similar call for greater accessibility at polling sites.

Participation of Women and Minorities: No laws limit participation of women and members of minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented these laws effectively. There were isolated reports of government corruption during the year.

Financial Disclosure: By law, appointed and elected officials must each year declare their income, assets, and other private interests that could overlap with their official duties. Officials must make their initial declaration within two months of assuming office and declare any potential conflicts of interest that arise during their tenure. The law does not provide for specific criminal penalties for nondisclosure. By law income and asset information from the tax forms of all citizens must be made public each year.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The parliamentary ombudsman enjoyed the government’s cooperation, operated without government or party interference, and had adequate resources. The parliamentary ombudsman investigates complaints that a public authority or official failed to observe the law, fulfill a duty, or appropriately implement fundamental human rights protections.

The Human Rights Center operates as part of the parliamentary ombudsman’s office. The center’s functions include promoting human rights, reporting on the implementation of human rights obligations, and cooperating with European and international bodies on human rights matters. The center does not have authority to investigate individual human rights abuses. A delegation of representatives from civil society who participated in promoting and safeguarding human rights frequently cooperated with the center.

The parliamentary Constitutional Law Committee analyzes proposed legislation for consistency with international human rights conventions. The committee deals with legislation relating to criminal and procedural law, the courts, and the prison system.

The law requires the ombudsman for children, the nondiscrimination ombudsman, and the ombudsman for equality impartially to advance the status and legal protection of their respective reference groups. These ombudsmen operate under the Ministry of Justice. Responsibility for investigating employment discrimination rests solely with the Occupational Safety and Health Administration in the Ministry of Social Affairs and Health.

Responsibility for developing antidiscrimination policies and legislation as well as for the Advisory Board for Ethnic Relations resides with the Ministry of Justice’s Unit for Democracy, Language Affairs, and Fundamental Rights. The Advisory Board for Ethnic Relations advocates for policy changes to improve integration.

The nondiscrimination ombudsman also operated as an independent government-oversight body that investigates discrimination complaints and promotes equal treatment within the government. The nondiscrimination ombudsman also acted as the national rapporteur on trafficking in human beings and supervised the government’s removal of foreign nationals from the country.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government enforced the law effectively. Rape is punishable by up to four years’ imprisonment. If the offender used violence, the offense is considered aggravated, and the penalty may be more severe. The maximum penalties are six years’ imprisonment for rape and 10 years for aggravated rape. All sexual offenses against adults, except sexual harassment, are subject to public prosecution. Sexual offenses against a defenseless person (intoxicated or with a disability) are considered as severe as rape.

Authorities may prosecute domestic abuse under various criminal laws, including laws prohibiting rape, assault and battery, harassment, and disturbing the peace. The penalty for physical domestic violence ranges from a minimum of six months to a maximum of 10 years in prison.

Civil society organizations criticized the emphasis on intentional violence in the legal definition of rape, which they alleged led courts to find assailants not guilty in cases where the coercion was less explicit. In one high-profile court case decided in January, the Eastern Finland Court of Appeals overruled a lower court’s rape conviction due to the fact that the assailant was not aware that his violence had compelled the victim to have sex with him.

Violence against women, including spousal abuse, continued to be a problem. In September, following a country inspection, the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) reported that key professionals in the criminal justice system, such as prosecutors and law enforcement officers, were not systematically trained before taking up their duties on how to intervene in cases of violence against women, including domestic violence. The ombudsman for equality at the Ministry of Justice highlighted problems with access to domestic violence shelters in remote rural areas.

The government funds shelters specifically for victims of domestic violence. In 2018, the most recent year for which data was available, 179 beds were available in shelters throughout the country, a 25-percent increase over the year before. Demand for shelter space, as indicated by the number of days residents spent in each shelter, also grew by 25 percent during the same period. GREVIO reported a need for more female police officers to fulfill the government’s pledge always to match a victim of violence with an officer of the same gender. GREVIO also highlighted the need for additional shelters for victims of intimate partner violence.

Sexual Harassment: The law defines sexual harassment as a specific, punishable offense with penalties ranging from fines to up to six months’ imprisonment. Employers who fail to protect employees from workplace harassment are subject to the same penalties. The prosecutor general is responsible for investigating sexual harassment complaints. The government generally enforced the law.

On March 22, the Helsinki appeals court increased to 5,440 euros ($6,000) the fine of Member of Parliament Teuvo Hakkarainen (Finns Party) for sexually harassing fellow parliamentarian Veera Ruoho.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The law provides for the same legal status and rights for women as for men. The government enforced the law effectively. The ombudsman for equality at the Ministry of Justice highlighted problems with workplace discrimination against pregnant women.

Birth Registration: A child generally acquires citizenship at birth through one or both parents. A child can also acquire citizenship at birth if the child is born in the country and meets certain other criteria, such as if the parents have refugee status in the country or if the child is not eligible for any other country’s citizenship. A local registration office records all births immediately.

Child Abuse: The law prohibits child abuse, defining children as individuals younger than age 16. The law defines rape of a minor (younger than 18 years) as aggravated rape. Rape of a child carries a minimum penalty of one-year imprisonment and a maximum of six years. Child negligence and physical or psychological violence carry penalties of up to six months in prison and up to two years in prison, respectively. Aggravating factors may increase the length of the prison term.

The GREVIO report found judges did not always consider violence by one parent against another as a reason to restrict the abuser’s right of access to his or her child, reflecting a lack of awareness of the impact that exposure to violence may have on a child’s development.

Early and Forced Marriage: The minimum age of marriage is 18. In February parliament amended the law to disallow marriage of individuals under that age, even with an exemption from the Ministry of Justice. In recent years the ministry had issued between 10 and 30 exemptions per year. The National Assistance System for Victims of Human Trafficking reported an increase in cases of forced marriage among its target population, rising to 26 in the first six months of the year, compared with 20 cases in all of 2018.

Sexual Exploitation of Children: The country prohibits the commercial sexual exploitation of children, including child pornography and the sale, offering, or procuring of children for prostitution. The law prohibits purchase of sexual services from minors and covers “grooming” (enticement of a child), including in a virtual environment or through mobile telephone contacts. Authorities enforced the law effectively, including through a one-million-euro ($1.1 million) grant announced in August to fund training on how to recognize online solicitation and exploitation.

The minimum age for consensual sex is 16. The law regards a person whose age cannot be determined, but who can reasonably be assumed to be younger than 18, as a child.

In March the National Bureau of Investigation completed a pretrial investigation of five men suspected of importing, receiving, and distributing sexually offensive material involving children between 2004 and 2018. Some of the suspects were also accused of having sexually abused the victims. In July police detained a Helsinki man on the suspicion of committing sex crimes, including aggravated rape and aggravated child sexual abuse, against 12 girls. In August police completed a pretrial investigation of a resident of the city of Espoo who was suspected of committing sex crimes against 52 girls through social media. In the first quarter of the year, there were 475 reported cases of child exploitation.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Government statistics and Jewish leaders place the size of the Jewish population between 1,500 and 2,500 individuals, most living in the Helsinki area.

In July vandals in Helsinki defaced the entrance of the building housing, inter alia, the Embassy of Israel with anti-Semitic stickers glorifying Adolf Hitler and smashed the glass door to the building. Police and Jewish community representatives suspected the neo-Nazi Nordic Resistance Movement (NRM) was behind the vandalism, although police did not make any arrests. Over the previous two years, the Helsinki Synagogue was similarly defaced in multiple incidents. The government provided funding for the security of the synagogue. Representatives of the Jewish community reported feeling under threat and specifically targeted due to their beliefs. In May, Petri Sarvamaa, a Finnish member of the European Parliament campaigning for re-election, was approached on the street and threatened by an assailant who called him a derogatory slur for a Jewish person. In September the media reported that a recently elected member of parliament, Hussein al-Taee of the Social Democratic Party of Finland, had made anti-Semitic comments online.

Police continued to implement the 2018 court ban on the neo-Nazi NRM. The Finnish-language website of the organization was no longer online, and public displays of their symbol decreased in frequency, although members continued to spray graffiti. The National Bureau of Investigation suspected the NRM continued to operate underground. In February the nondiscrimination ombudsman announced the conclusion of a case her office brought before the National Nondiscrimination and Equality Tribunal in which an individual had prominently displayed a Nazi flag to the public. In the first ruling of its kind, the tribunal found such displays illegal. During a speech at the official Holocaust remembrance ceremony in January, Interior Minister Kai Mykkanen highlighted the prominent display of Nazi flags by marchers at a December 2018 demonstration in Helsinki as a reason for concern and reaffirmed government support for the fight against anti-Semitism.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with disabilities in all fields, including the provision of government services. The government effectively monitored compliance with these laws and implemented enforcement actions. In response to complaints of lack of accessibility, the ombudsman carried out unannounced inspections on polling stations, schools, prisons, medical facilities, and other locations. The findings of the inspections were released during the year, and improvements were made, including in two voting locations that did not have accessible voting booths and in multiple prisons. The spot report found two prisons to be completely inaccessible.

The law specifically prohibits discrimination on the basis of origin and nationality. According to the results of the European Union Minorities and Discrimination Survey published in November 2018, 14 percent of persons of African descent in the country stated they had been subject to racist harassment in the previous five years. The most frequent complaints of discrimination or harassment concerned employment and online communication.

Media reports highlighted discrimination by private security guards as a concern. In February, Habiba Ali, a member of the Espoo City Council of Somali descent, complained after a security guard without cause accused her of shoplifting. In August an investigation of security services at the country’s largest amusement park found a history of training that encouraged ethnic profiling and discrimination against Romani visitors.

The nondiscrimination ombudsman is responsible for responding to complaints of discrimination and regularly mediated between business owners, government agencies, and public service providers regrading treatment of customers and clients. The Ministry of Justice also responds to complaints of discrimination. During the year the Advisory Board for Ethnic Relations pointed out the vulnerability of first- and second-generation immigrant youth to discrimination.

The government strongly encouraged tolerance and respect for minority groups, sought to address racial discrimination, and assisted victims.

The constitution provides for the protection of the Sami language and culture, and the government financially supported these efforts. The Sami, who constituted less than 0.1 percent of the population, have full political and civil rights as citizens as well as a measure of autonomy in their civil and administrative affairs. A 21-member Sami parliament (Samediggi), popularly elected by the Sami, is responsible for the group’s language, culture, and matters concerning their status as an indigenous people. It can adopt legally binding resolutions, propose initiatives, and provide policy guidance.

During the year there were complaints the national government intervened election procedures of the Sami parliament by adding new voters to voter lists before elections in September. Members of the outgoing Sami parliament described the ministry’s actions as a violation of their right to self-determination and a threat to the viability of their self-governance. Representing the numerically small Sami minority, members of the Sami parliament asserted that the new voters recognized by the Ministry of Justice would overwhelm their traditional constituency and block their efforts to preserve cultural and traditional agricultural practices. In February, following a decision by the Ministry of Justice to compel the inclusion of a statistically significant number of new voters and a decision by the Supreme Administrative Court affirming it, the UN Human Rights Committee recommended that the Ministry of Justice abide by voter eligibility requirements previously established by the Sami parliament. The Supreme Administrative Court confirmed its decision, and elections went forward in September.

The ombudsman for gender equality stated that Sami victims of domestic violence were at a disadvantage in accessing public shelters due to the long distances between population centers in the northern part of the country. The nondiscrimination ombudsman also highlighted the challenges facing Sami due to the lack of government services in their own language, particularly in education and health services.

Sami objected to plans to develop an Arctic railway running from Helsinki to the northern border, citing the railway’s potential impact on natural resources critical for their livelihoods, including reindeer-herding land and Arctic nature tourism. In May activists demonstrated in Helsinki against the railway and plans to increase mining activities in historically Sami areas.

The law prohibits discrimination based on gender identity, gender expression, or sexual orientation in housing, employment, nationality laws, and access to government services, and the government enforced the law.

The law requires that a transgender person present a medical statement affirming their gender identity and a certificate of infertility before the government will legally recognize their gender identity. In addition to the requirement that an individual submit to sterilization, activists criticized the duration of the legal process, stating it can take up to three years to obtain identity documents with the new gender markers. Trafficking authorities and civil society stated they have no specialized services for transgender victims of trafficking and are unaware of their status among the trafficking-victim population.

While the law prohibits “conversion therapy” in medical settings, it continued to be practiced privately, most commonly in religious associations. The media reported that the Christian organization Journey Finland, as well as strict branches of the Evangelical Lutheran Church and Orthodox Church, continued to practice conversion therapy.

In July police reported they were still searching for an individual who smeared feces on and vandalized a halal grocery store in the city of Hyvinkaa two to three times a week during 2018.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and any restriction or obstruction of these rights.

The government effectively enforced all applicable laws regarding the freedom of association and the right to collective bargaining. Workers without permanent residence may not be eligible to join voluntary unemployment insurance funds. Employers who violate the rights of employees to organize and retain employee representatives may face administrative measures, legal proceedings, and fines. The penalties were generally sufficient to deter violations. Authorities and employers generally respected freedom of association and the right to collective bargaining, and there were no reports of violations. All workers, regardless of sector union membership, or nationality, are entitled to the same wages negotiated between employers and trade unions via generally applicable collective agreements.

The law does not permit public-sector employees who provide “essential services,” including police officers, firefighters, medical professionals, and border guards, to strike. An official dispute board can make nonbinding recommendations to the cabinet on ending or limiting the duration of strikes when they threaten national security. Employees prohibited from striking can use arbitration to provide for due process in the resolution of their concerns.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor. The government effectively enforced the law. Penalties for forced or compulsory labor depend on the severity of the crime but were generally sufficient to deter violations. Despite strong penalties for violations, some cases of persons subjected to conditions of forced labor in the country were reported during the year.

Men and women working in the restaurant, cleaning, construction, and agriculture industries were the most likely to face conditions of forced labor. The sexual services sector, legal in certain circumstances, also saw incidences of trafficking and forced labor.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all of the worst forms of child labor but allows persons between the ages of 15 and 18 to enter into a valid employment contract as long as the work does not interrupt compulsory education. It provides that workers who are 15 to 18 years of age may not work after 10 p.m. or under conditions that risk their health and safety, which the Ministry of Social Affairs and Health defines as working with mechanical, chemical, physical, or biological hazards or bodily strain that may result from lifting heavy loads.

Penalties for violations of child labor regulations are sufficient to deter violations. The Ministry of Economic Affairs and Employment effectively enforced child labor regulations. There were no reports of children engaged in work outside the parameters established by law.

d. Discrimination with Respect to Employment and Occupation

The Occupational Safety Administration (OSHA) received 500 reports of work-place discrimination in 2018. Of the 157 reports that resulted in further inspection, 7 percent concerned ethnicity, nationality, language, or religion, a number similar to previous years, 12 percent concerned age discrimination, and 2 percent concerned disability. The government effectively enforced applicable laws against employment discrimination.

e. Acceptable Conditions of Work

While there is no national minimum wage law, the law requires all employers, including nonunionized employers, to pay the minimum wages stipulated in collective bargaining agreements. Authorities adequately enforced wage laws.

The standard workweek established by law is no more than 40 hours of work per week with eight hours work per day. Because the law does not include a provision regarding a five-day workweek, regular work hours may, at least in principle, span six days. The regular weekly work hours can also be arranged so that the average is 40 hours over a period of no more than 52 weeks. Certain occupations, such as seamen, household workers, road transport workers, and workers in bakeries, are subject to separate workweek regulations. The law entitles employees working shifts or during the weekend to one 24-hour rest period per week. The law limits a worker to 250 hours of overtime per year and 138 overtime hours in any four-month period.

The Ministry of Economic Affairs and Employment is responsible for labor policy and implementation, drafting labor legislation, improving the viability of working life and its quality, and promoting employment. The Ministry of Social Affairs and Health is responsible for enforcement of labor laws and regulations. In addition, OSHA enforces appropriate safety and health standards and conducts inspections at workplaces. Individuals who commit work safety offenses are subject to a fine or imprisonment for a maximum of one year; individuals who commit working hours’ offenses are subject to a fine or imprisonment for a maximum of six months. The center informs employers of inspections in advance unless a surprise inspection is necessary for enforcement purposes. A subsequent inspection report gives employers written advice on how to remedy minor defects. In the case of serious violations, the inspector issues an improvement notice and monitors the employer’s compliance. When necessary, OSHA may issue a binding decision and impose a fine. If a hazardous situation involved a risk to life, an inspector can halt work on the site or issue a prohibition notice concerning the source of risk.

Authorities adequately enforced wage and overtime laws. Government resources, inspections, and penalties were adequate to deter most violations.

The law requires employees to report any hazards or risks they discover in working conditions, including in machinery, equipment, or work methods. The law also requires employees, where possible, to correct dangerous conditions that come to their attention. Such corrective measures must be reported to the employer.

Norway

Executive Summary

Norway is a parliamentary democracy and constitutional monarchy. The government consists of a prime minister, a cabinet, and a 169-seat parliament (Storting), which is elected every four years and may not be dissolved. The monarch generally appoints the leader of the majority party or majority coalition as prime minister with the approval of parliament. Observers considered the multiparty parliamentary elections in 2017 to be free and fair.

The national police have primary responsibility for internal security. Police may call on the armed forces for assistance in crises. In such circumstances, the armed forces operate under police authority. The National Police Directorate oversees the police force. Civilian authorities maintained effective control over the national police.

There were no reports of significant human rights abuses.

The government investigated officials who allegedly committed violations of human rights.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law prohibits “threatening or insulting anyone, or inciting hatred or repression of or contempt for anyone because of his or her: (a) skin color or national or ethnic origin; (b) religion or life stance; (c) sexual orientation or lifestyle; or (d) disability.” Violators are subject to a fine or imprisonment for not more than three years.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The prohibitions against hate speech applied also to the print and broadcast media, the publication of books, and online newspapers and journals.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Nongovernmental organizations (NGOs) such as NOAS and Amnesty International criticized the government for issuing instructions to immigration authorities that more strictly interpreted immigration and asylum regulations as a means of restricting access to asylum without changing the underlying legislation. NOAS cited examples of the government’s redefining the level of civil safety in Somalia in order to withdraw or deny asylum to applicants by claiming it was “safe to return to Somalia.”

In one example in June, immigration authorities revoked the refugee status of a single mother of Afghan descent and her three children who had fled from Iran. Immigration authorities attempted to return them to Afghanistan even though none of the three children was born in Afghanistan and had never visited. The basis for the revocation was a claim by the government that it was safe for the family to return to Afghanistan. In the course of her detention, although the mother lapsed into unconsciousness, she was still placed on an airplane with the three children. Upon arrival in Istanbul, the mother, who had not regained consciousness, had to be returned to Norway for medical reasons. The minor children remained in Istanbul pending their deportation to Afghanistan. The Afghan government ultimately refused to accept them, forcing Norwegian officials to accept the children back after 10 days. Under these circumstances and due to the efforts of several NGO’s, the children were allowed to remain in the country pending an appeal of their immigration status.

Safe Country of Origin/Transit: The country is party to the EU’s Dublin III regulation, which allows the government to transfer asylum seekers to the European country determined to be responsible under the regulation for adjudicating the case.

Freedom of Movement: The law permits detention of migrants to establish their identity or to deport them if authorities deem it likely the persons would evade an order to leave. The detention is limited and subject to judicial review.

Employment: Regulations allow asylum seekers who reside in integration facilities to obtain employment while their applications are under review. Eligible asylum seekers must fulfill certain criteria, including possession of valid documentation proving identity, a finding following an asylum interview that the individual will likely receive asylum, and participation in government-defined “integration” programs that assist asylum seekers in adapting to Norwegian society by the use of educational resources such as language or job training.

Durable Solutions: The government offered resettlement for refugees in cooperation with the Office of the UN High Commissioner for Refugees (UNHCR). The government’s Directorate of Immigration had several programs to settle refugees permanently in the country.

Through the International Organization for Migration and other government partners, the government assisted the return of unsuccessful asylum seekers to their countries of origin through voluntary programs that offered financial and logistical support for repatriation. Identity documents issued by either the Norwegian or the returnee’s government are required in order to use this program. The government continued routinely to offer migrants cash support in addition to airfare to encourage persons with rejected asylum claims to leave the country voluntarily.

Individuals granted refugee status may apply for citizenship when they meet the legal requirements, which include a minimum length of residence of seven of the previous 10 years, completion of an integration course on Norwegian society and pass a language test.

The government continued to provide welfare and support for refugees living in the country as part of the government’s Integration Goals administered by the Ministry of Children and Families. In order to facilitate the transition of immigrants into productive members of society, certain categories of immigrants, including refugees, are eligible for programs designed to provide Norwegian language instruction, job training, job placement, access to schools and universities, and basic instruction for living in Norwegian society. Refugees and asylum applicants have access to welfare benefits for short-term or long-term housing and medical care, and are provided direct access to, or financial support for, necessities such as food, clothing, basic entertainment, and public transportation. Children are eligible to attend public schools and preschools as if they were citizens, and there are programs for children who have recently arrived and need language assistance prior to entering the regular education system.

In 2018 parliament passed legislation to allow dual citizenship. The new law will come into effect as of 2020, and thereafter eligibility for citizenship will no longer be contingent on renouncing one’s prior citizenship.

Temporary Protection: Through the end of August, the government provided temporary humanitarian protection to 48 individuals who may not qualify as refugees. The permits for temporary protection may be renewed and can become permanent. The government provided temporary protection to fewer than 10 unaccompanied minors, who were granted residence permits in the country until the age of 18. NOAS and the NGO Norwegian Refugee Council claimed that the government’s policy is not to renew temporary protection for these minors when they turn 18 so they may be deported, even though the circumstances that led to their humanitarian protection remain unchanged.

According to UNHCR 2,809 stateless persons lived in the country at the end of 2018; they were not counted as refugees. According to the Directorate of Immigration, at the end of August, an additional 81 stateless asylum seekers lived in reception centers, a decrease of 50.6 percent from the same period in 2018. Of these, 28 persons had permission to stay, and 87 were under orders to leave the country. The remainder continued the asylum application process.

The government effectively implemented laws and policies to provide stateless persons the opportunity to gain nationality on a nondiscriminatory basis. NOAS believed, however, the process was deficient because, while there is a well-defined process for stateless persons to gain nationality, it found the government’s process for being declared stateless to be ambiguous and difficult to achieve.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: Observers considered the parliamentary elections held in 2017 to be free and fair.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were no reports of government corruption during the year.

Financial Disclosure: By law income and asset information from the tax forms of all citizens, including public officials, must be made public each year. Failure to declare properly may result in up to two years in prison. Each year ministers and members of parliament must declare their income, assets, liabilities, outside employment, and holdings in public companies. Ministers may face fines for noncompliance, but the law does not provide formal sanctions for members of parliament. Disclosures made by ministers and members of parliament are publicly available on the parliamentary website within 20 days of disclosure. Civil servants face fines if they fail to disclose any conflict of interest during decision-making processes. Ministers, members of parliament, and civil servants must disclose any employment obtained within a year after leaving public service.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country has ombudsmen for public administration (the parliamentary ombudsman), children, equality and discrimination (the equality and antidiscrimination ombudsman or LDO), and health-care patients. Parliament appoints the parliamentary ombudsman, while the government appoints the others. All ombudsmen enjoyed the government’s cooperation and operated without government interference. The parliamentary ombudsman and the LDO hear complaints against actions by government officials. Although the ombudsmen’s recommendations are not legally binding, authorities usually complied with them.

Parliament’s Standing Committee on Scrutiny and Constitutional Affairs reviews the reports of the parliamentary ombudsman, while the Standing Committee on Justice is responsible for matters relating to the judicial system, police, and the penal, civil, and criminal codes.

The Norwegian National Human Rights Institution (NIM) is an independent body funded by the parliament. NIM submits an annual report to parliament on human rights in the country. By advising the government, disseminating public information, promoting education and research on human rights, and facilitating cooperation with relevant public bodies, it makes recommendations to help ensure that the country’s international human rights obligations are fulfilled.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law criminalizes rape, including spousal rape, and the government generally enforced the law. The penalty for rape is up to 21 years in prison, depending on the severity of the assault, the age of the victim, and the circumstances in which the crime occurred. Most cases resulted in sentences of three years and four months in prison.

The law provides penalties of up to six years in prison for domestic violence and up to 21 years for aggravated rape. Violence against women, including spousal abuse, was a problem. The government generally enforced the law, although the foundation Oslo Crisis Center continued to criticize the conviction rate (approximately 10 percent) as too low.

The government had programs to prevent rape and domestic violence, and offices within the police districts offered counseling and support to victims. All police districts had a domestic violence coordinator. In March the government launched a three-year Action Plan against Rape outlining 33 specific measures to be taken, focusing on prevention, improvements of care and services to victims, and improvements to the judicial system.

Public and private organizations operated 47 government-funded shelters and managed five 24-hour crisis hotlines. Victims of domestic violence have a right to consult a lawyer free of charge before deciding whether to make a formal complaint. If the government initiates criminal proceedings, the victim is entitled to free assistance from a victim’s advocate. Victims may also qualify for a one-time payment from a government-sponsored fund.

In June the government released its Action Plan against Domestic Violence. The Ministry of Justice implemented the plan with specific responsibilities delegated to the Ministry of Children and Families, the Ministry of Health, the Ministry of Education, and the Ministry Elderly Care. The plan also engaged the Sami community and a range of NGO’s and research organizations as implementing partners.

Sexual Harassment: The law provides that “employees shall not be subjected to harassment or other unseemly behavior,” and the government effectively enforced this provision. Employers who violate the law are subject to fines or prison sentences of up to two years, depending on the seriousness of the offense. The costs and resources needed to bring such cases to court have been barriers to victims seeking redress in all but the most egregious cases. A new Antidiscrimination Tribunal became operational and assumed jurisdiction for such complaints from the LDO.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Under the law public and private authorities must advance gender equality in all areas of society. The law mandates that 40 percent of the members of boards of directors of publicly listed companies be women. Although women have the same legal status as men, they experienced discrimination in terms of gaining employment as well as discrimination in the workplace itself (see section 7.d.). As of September, 78 of 300 (26 percent) complaints reported to the tribunal involved gender discrimination.

Birth Registration: Citizenship is derived from one’s parents; children born in the country do not automatically become citizens. All birth clinics in the country reported births to a central birth register and provided the parents with a birth certificate. The birth certificate does not confer citizenship.

Child Abuse: In 2018 the Norwegian Directorate for Children, Youth, and Family Affairs initiated 47,279 investigations of alleged child abuse and completed 48,194. By the end of 2018, the government’s Child Welfare Services assisted 39,043 children, of whom 30,175 received in-home assistance, while 8,868 were removed from their family home.

An independent children’s ombudsman office under the Ministry of Children and Families is responsible under the law for the protection of children and providing assistance and support services. If criminal proceedings are initiated, the victim is entitled to free assistance from a victim’s advocate.

In September the ECHR ruled that the government violated the European Convention on Human Rights when the Child Welfare Services allowed a woman’s son to be adopted without her consent. As of September the ECHR was reviewing 23 other cases against the Child Welfare Services.

Early and Forced Marriage: The minimum legal age for marriage in the country is 18 for both women and men.

Sexual Exploitation of Children: Commercial sexual exploitation of children younger than 18 is illegal, both in the country and abroad when committed by a citizen of the country. In both cases the punishment is either a fine or a prison sentence of up to two years. Child pornography is also illegal and punishable by a fine or a prison sentence of up to three years. The government generally enforced the law. The minimum age for consensual sex is 16.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Approximately 1,400 Jews lived in the country, 780 of whom belonged to Jewish congregations. Jewish community leaders reported the public and government generally supported the community although they acknowledged incidents of anti-Semitism.

According to NGOs and research institutes, including the University of Oslo, the Institute for Social Research, and the Jewish community, hate speech on the internet against ethnic minorities and religious groups continued to be a problem. In 2018 several Jewish organizations filed criminal complaints for hate speech against rapper Kaveh Kholardi, who used the phrase F****** Jews during a concert, which was promptly condemned by the City of Oslo as well as the leader of the country’s Jewish community and the Israeli Ambassador. In March after a criminal investigation, the Prosecuting Authority decided not to prosecute Kholardi. The then director of public prosecutions, Tor-Aksel Busch, rejected an appeal to overrule the Oslo Police District’s decision, and reignited the controversy when as part of his decision he implied that Kholardi’s statement could be interpreted as legitimate criticism of the State of Israel as opposed to an anti-Semitic comment. Critics noted that, during the entirety of the incident, there was no mention of any specific Israeli policies or actions by Kholardi and the words Israel or Israeli were never used. One of the complainants, the group With Israel for Peace, noted that the decision not to prosecute was alarming because [the Director of Public Prosecutions] finds ambiguity where there is none. Subsequently the Prosecuting Authority recanted this portion of its decision but allowed the overall decision to reject the appeal to stand.

In June, Tore Tvedt, leader of the neo-Nazi organization Vigrid, was convicted of racism and hate speech after sending 1,300 emails to schools and day-care institutions in which he claimed that schools “brainwashed children into worshippers of Jews,” and referred to Jews as “reptiles” and “parasites” on his blog. Tvedt was sentenced to 60 days in prison.

In July the National Broadcasting Corporation (NRK) published a cartoon that was criticized for being anti-Semitic. The cartoon depicted a man playing scrabble with an Orthodox rabbi who constructed the word “jodesvin” (“Jewish swine”) with his tiles. After heavy criticism, on July 26, the NRK decided to remove the cartoon from its website and issued a public apology.

The government continued to implement measures from its Action Plan against Anti-Semitism 2016-2020 and provided an additional two million krone ($230,000) in funding under the current budget. The action plan provided programmatic support and coordination towards integrating anti-Semitism education into all schools, supporting Jewish museums and cultural institutions, funding research on anti-Semitism and Jewish life, and public advocacy programs to combat anti-Semitism.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with disabilities, and the government effectively enforced and implemented these provisions. The law mandates access to public buildings, information, and communications for persons with disabilities.

According to the Antidiscrimination Tribunal, as of September, 108 of the 300 (36 percent) discrimination complaints it received were based on disability.

During the year the government released a strategy to ensure equality for persons with disabilities. The 10-year strategy aims to reduce discrimination, increase access and opportunities to housing, transportation, employment and health care as well as participation in cultural and social activities.

Discrimination against immigrants, including asylum seekers and irregular migrants, and ethnic minorities remained a problem. Ethnic discrimination occurred in employment.

Racial profiling is against the law, but authorities did not keep records relating to the stop and search of members of vulnerable groups. NGOs such as the Norwegian Center against Racism continued to report complaints of police profiling of members of ethnic and racial minority groups, particularly young men. During the year the Antidiscrimination Tribunal received four cases of ethnic discrimination by the police or judiciary.

According to NGOs and research institutes, including the University of Oslo, the Institute for Social Research, and the Center against Racism, hate speech on the internet against ethnic minorities, continued to be a problem. The government continued to implement the national strategy against hate speech released in late 2016.

In addition to the Sami, five ethnically non-Norwegian groups with a long-standing attachment to the country have a special protected status under the law: Kvens/Norwegian Finns, Jews, Forest Finns, Roma, and Romani/Tater people (a distinct group of travelers who emigrated to Norway and Sweden in the 1500s).

There is no official registry of Sami in the country. As of January 2018, government statistics showed that 55,544 persons lived in the areas defined as “Sami,” in the northern part of the country. In addition to participating freely in the national political process, the Sami elect their own parliament, the Samediggi, which exercises certain administrative and financial powers according to the law. Members of the Sami parliament also represent their constituents in international fora and organizations such as the Arctic Council and the United Nations. Elections for the Sami parliament took place in 2017.

NGOs and Sami officials continued to express concern over Sami children’s lack of access to Sami language education due to a lack of qualified teachers.

The Sami remained concerned about high levels of domestic violence within Sami communities and a lack of cultural understanding and training by police and social welfare services which has rendered many domestic violence prevention, treatment, and criminal justice programs ineffective. Favoring a more Sami community-based approach that relies on increased recruiting of Sami to work in these programs the Sami community welcomed the invitation to play a significant role in developing and implementing the Action Plan against Domestic Violence released in June. The Sami have expressed concern about damage to their traditional reindeer grazing areas and migratory routes by land development and extractive industries. They have also objected to what they considered to be inadequate consultation by the government regarding restrictions on the maximum size of their herds.

The law prohibits discrimination based on sexual orientation and gender identity in housing, employment, citizenship law, and access to government services such as health care. While violence motivated by discriminatory attitudes towards transgender persons is not considered a hate crime, crimes based on discriminatory attitudes towards sexual orientation can be treated as aggravated crimes.

According to NGOs and research institutes, including the University of Oslo, the Institute for Social Research, and FRI–The Organization for Sexual and Gender Diversity, hate speech on the internet against ethnic minorities, religious groups, and lesbian, gay, bisexual, and transgender, and intersex (LGBTI) persons continued to be a problem. The Institute for Social Research publicized a study that found that one in four members of the LGBTI community experienced some form of hate speech, compared with 10 percent of the general population.

Media and the Norwegian Center against Racism reported continued anti-Muslim and anti-immigrant sentiment in society. In a video posted online by the group Stop Islamization of Norway (SIAN), Fanny “Anna” Braten, its deputy leader, stated that “Islam has no place in Norway and that all Qurans must be destroyed.” In February the Public Prosecutor indicted Braten and SIAN leader Lars Thorsen under hate crime legislation for leaflets handed out by the group at a SIAN event in June 2018 in Stovener and a speech in September 2018 in front of the parliament building. The leaflets and speech contained statements such as “good Muslims are notorious sexual predators,” asserting that all Muslims were sex offenders, killers, and a terrorist threat. During a subsequent trial in November, Thorsen was convicted and given a 30-day suspended jail sentence and fined 20,000 krone ($2,300). Braten was acquitted after Thorsen stated that he was the sole author of the leaflets and was the primary individual handing them out.

On August 10, Philip Manshaus allegedly killed his adopted Chinese stepsister and attempted to commit a mass shooting at the al-Noor Islamic Center in Baerum, a neighboring municipality to Oslo. Manshaus entered the mosque between prayer services, so few people were present, and was overpowered by a 65-year-old member of the mosque. Police apprehended Manshaus, and authorities investigated him for terrorism and murder. The investigation revealed that he was active in online forums for white supremacists and inspired by the mass shooting in Christchurch, New Zealand, on March 15. The Manshaus incident was universally condemned by the prime minister and leaders of all political parties. Manshaus was being held in pretrial detention pending a full investigation by prosecutors. Police also seized Manshaus’s property pending the outcome of the investigation and probable trial.

On November 2, the Danish white supremist association Scandza Forum organized a conference in Oslo featuring several American and European speakers. Shortly before the event, the Police Security Service arrested white supremist author and publisher Greg Johnson under the Immigration Act on the grounds that he could influence others to commit violence. Police also arrested 28 counterprotestors who disobeyed police instructions and attempted to storm the conference. Johnson was detained and deported to Hungary two days after his arrest.

According to NGOs and research institutes, including the University of Oslo, the Institute for Social Research, and the Center against Racism, hate speech on the internet against religious groups continued to be a problem. In August the government announced that it would develop a five-year action plan to combat anti-Muslim sentiment and xenophobia. Discussions about the plan had begun earlier this year, but the shooting at a mosque in the Oslo suburbs solidified the decision and prompted a formal announcement by the prime minister in August.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers, including migrant workers (those who have a work permit in the country), to form and join independent unions, bargain collectively, and conduct legal strikes. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

The right to strike excludes members of the military and senior civil servants. With the approval of parliament, the government may compel arbitration in any industrial sector if it determines that a strike threatens public safety. Trade unions criticized the government for intervening too quickly in labor disputes.

The government effectively enforced applicable laws. The penalties were sufficient to deter violations.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, and the government effectively enforced laws against it. A maximum sentence of 10 years’ imprisonment for violations of the law was sufficiently stringent to deter violations. In 2018 police received 95 reports of violations of the labor law and no reports of forced labor from the Norwegian Labor Inspection Authority (NLIA).

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

Children between the ages of 13 and 15 may be employed up to 12 hours per week in light work that does not adversely affect their health, development, or schooling. Examples of light work include assistant work in offices or stores. Children younger than 15 need parental permission to work, and those older than 15 can work as part of vocational training, as long as they are supervised. Between the ages of 15 and 18, children not in school may work up to 40 hours per week and a maximum eight hours per day. The law limits work by children who remain in school to only those hours “not affecting schooling” without specific limits, but less than 40 hours per week. Child welfare laws explicitly protect children from exploitive labor practices. The government effectively enforced these laws, and both civil and criminal penalties were sufficient to deter violations.

While employers generally observed minimum age rules, there were reports that children were trafficked for forced labor (see section 7.b.). Children were subjected to forced begging and criminal activity, particularly drug smuggling and theft. Commercial sexual exploitation of children also occurred. There were also reports of children forced to work as unpaid domestic help.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced the law and invoked penalties when violations were discovered.

Discrimination in employment and occupation occurred with respect to gender and ethnicity. The law provides that women and men engaged in the same activity shall receive equal wages for work of equal value. In 2018 women earned on average 13.8 percent less than men on a monthly basis, according to Statistics Norway, which also reported that 37 percent of women and 14.6 percent of men worked part time in 2017, the most recent year for which data were available.

Equally qualified immigrants sometimes had more difficulty finding employment than nonimmigrants. As of August the unemployment rate among immigrants was 5.2 percent, compared with 3.6 percent among nonimmigrants, according to Statistics Norway. African immigrants had the highest unemployment rate at 9.6 percent, followed by Asians at 5.9 percent, immigrants from eastern EU countries at 5.3 percent, and South and Central Americans at 5.1 percent.

e. Acceptable Conditions of Work

The law does not mandate an official minimum wage. Instead, minimum wages were set in collective bargaining agreements. Statistics Norway uses 60 percent of the median household income after tax for the relative poverty limit. In 2018, the most recent year for which data were available, 11.5 percent of the population had an income below the poverty limit.

The law provides for premium pay of 40 percent of salary for overtime and prohibits compulsory overtime in excess of 10 hours per week.

The law provides the same benefits for citizens and foreign workers with residency permits but forbids the employment of foreign workers who do not have residency permits. The law provides for safe and physically acceptable working conditions for all employed persons. The NLIA, in consultation with nongovernment experts, sets occupational safety and health standards. These standards are appropriate across all sectors of the industry in the country. The law requires enterprises with 50 or more workers to establish environment committees composed of management, workers, and health-care personnel. Enterprises with 10 or more workers must have safety delegates elected by their employees. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment; authorities effectively protected employees in this situation.

The NLIA effectively enforced laws and standards regarding acceptable work conditions in the formal sector. The number of labor inspectors was sufficient to enforce compliance. The NLIA may close an enterprise immediately if the life or health of employees is in imminent danger and may report enterprises to police for serious breaches of the law. A serious violation may result in fines or, in the worst case, imprisonment. The penalties were sufficient to deter violations.

Portugal

Executive Summary

Portugal, which includes the archipelagos of the Azores and Madeira, is a constitutional semipresidential representative democracy with a president, prime minister, and parliament elected in multiparty elections. Observers considered regional elections in Madeira on September 22 and national legislative elections on October 6 free and fair.

The Ministries of Internal Administration and Justice are primarily responsible for internal security. The Ministry of Internal Administration oversees the Foreigners and Borders Service (SEF), Public Security Police (PSP), and Republican National Guard (GNR). The SEF has jurisdiction over immigration and border issues, the PSP has jurisdiction in cities, and the GNR has jurisdiction in rural areas. The Judiciary Police is responsible for criminal investigations and reports to the Ministry of Justice. The Inspectorate General of Internal Administration (IGAI), in the Ministry of Internal Administration, operates independently, investigates deaths caused by security forces, and evaluates whether they occurred in the line of duty or were otherwise justifiable. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses during the year.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press. The law criminalizes the denigration of ethnic or religious minorities, as well as Holocaust denial, as an offensive practice. Prison sentences for these crimes run between six months and eight years.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution and law provide for the freedoms of assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: According to NGOs and media reports, authorities kept in detention some asylum seekers who submitted their applications for international protection at border points. If asylum seekers appeal a negative decision, they can await the decision in housing provided by the Portuguese Refugee Council (CPR), the Social Emergency Bureau of Lisbon’s Holy House of Mercy (almshouse), or the Salvation Army’s shelter center.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. The government cooperated with the Office of the UN High Commissioner for Refugees and other humanitarian organizations in providing protection and assistance to refugees, asylum seekers, stateless persons, or other persons of concern.

Safe Country of Origin/Transit: The government considers all other EU countries to be safe countries of origin or transit. It returned asylum seekers to their country of entry into the EU for adjudication of their applications.

Durable Solutions: The government fulfilled its commitment and received refugees under the EU’s relocation plan for refugees who entered the EU through Greece and Turkey. It offered naturalization to refugees residing within the country’s territory, and other durable solutions such as the right to work, education, access to healthcare, and housing support.

Temporary Protection: The government also provided temporary protection to individuals who may not qualify as refugees, and provided subsidiary protection to 405 persons in 2018, according to SEF’s 2018 Immigration, Borders and Asylum Report.

Not applicable.

Section 3. Freedom to Participate in the Political Process

The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: On September 2, the country held an election in the Autonomous Region of Madeira that observers considered free and fair. National legislative elections of October 6 were also considered free and fair.

Participation of Women and Minorities: No laws limit the participation of women and members of minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were reports of corruption in the executive and legislative branches of the central government during the year.

Corruption: Media reported corruption involving central and local government officials.

On January 4, a Lisbon court cleared most of the defendants in a corruption trial linked to the government’s “golden visa” program, which aims to fast-track residence permits for major foreign investors. Of 21 indictments on charges including corruption, money-laundering, and influence-peddling, courts gave two individuals suspended sentences, and two Chinese nationals were fined. The most high-profile defendant, Miguel Macedo, who was forced to resign as interior minister from the previous center-right government in 2014, was among those acquitted of bribery and influence-peddling charges. The court also acquitted former SEF director Manuel Jarmela Palos, who had been accused of running a network that profited from the granting of residency permits to foreign investors.

Financial Disclosure: The law requires appointed and elected officials to disclose their income and assets. The law also mandates the Constitutional Court to monitor and verify disclosures. The court’s declarations are available to the public. The criminal penalties for noncompliance are up to five years’ incarceration or a fine equivalent to 600 days of the person’s income, administrative sanctions including removal from office, or both.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials generally were cooperative and responsive to their views.

Government Human Rights Bodies: The country has an independent human rights ombudsman appointed by parliament who is responsible for defending the human rights, freedom, and legal rights of all citizens. The Ombudsman’s Office operated independently and with the cooperation of the government.

The ombudsman had adequate resources and published mandatory annual reports, as well as special reports on problems such as women’s rights, prisons, health, and the rights of children and senior citizens.

Parliament’s First Committee for Constitutional Issues, Rights, Liberties, and Privileges oversees human rights problems. It drafts and submits bills and petitions for parliamentary approval.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: The law makes rape, including spousal rape, illegal, with a penalty of three to 10 years’ imprisonment. The government generally enforced the law when the victim chose to press charges and if the cases were not settled out of court through mediation. The law provides for criminal penalties of up to 10 years’ imprisonment in cases of domestic violence by a spouse or by a person other than the spouse. The judicial system prosecuted persons accused of abusing women.

In October a judge who had been convicted of domestic violence by a lower court was acquitted by the Portuguese Supreme Court of Justice (STJ). The judge had been found guilty of domestic violence by the Guimaraes Court of Appeals in September 2018, and received an 18-month suspended prison sentence and was ordered to pay 7,500 euros ($8,250) in damages for psychological abuse to the victim, his former wife. According to media, the couple was married from 2006 to 2011 and the judge refused to accept the end of the relationship. The case was based on insulting text and email messages exchanged by the couple. In its ruling, the STJ argued that “the type of language was reciprocal” between the couple.

Violence against women, including domestic violence, continued to be a problem. According to preliminary data from NGOs and media reports, in the first six months of the year, there were 16 deaths related to domestic violence.

According to data from the government’s Annual Internal Security Report, in 2018 there were 22,423 reports of domestic violence, a small decrease from 2017. In 2018 police registered 421 reports of rape, an increase of 13 cases from 2017.

The law allows third parties to file domestic violence reports. The government encouraged abused women to file complaints with the appropriate authorities and offered the victim protection against the abuser. The government’s Commission for Equality and Women’s Rights operated 39 safe houses and 26 emergency shelters for victims of domestic violence and maintained an around-the-clock telephone service. Safe-house services included food, shelter, health assistance, and legal assistance. The government-sponsored Mission against Domestic Violence conducted an awareness campaign, trained health professionals, proposed legislation to improve legal assistance to victims, and negotiated protocols with local authorities to assist victims.

Female Genital Mutilation/Cutting (FGM/C): FGM/C is a crime punishable under the law. The State Secretariat for Citizenship and Equality reported that some immigrant communities practiced FGM/C on young girls, particularly among Bissau-Guinean immigrants. According to the Healthy Practices Project, established by the government in November 2018 to prevent and combat FGM/C, the country reported 63 cases of female genital mutilation in 2018 and 54 cases through mid-August, although none of the FGM/C procedures occurred in the country.

Sexual Harassment: Sexual harassment is a crime, with penalties ranging from one to eight years in prison. If perpetrated by a superior in the workplace, the penalty is up to two years in prison, or more in cases of “aggravated coercion.”

The Commission on Equality in the Workplace and in Employment, composed of representatives of the government, employers’ organizations, and labor unions, examines, but does not adjudicate, complaints of sexual harassment. In 2018 the NGO Association for Victim Support received reports of 23 cases of sexual harassment.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: The constitution and the law provide women full legal equality with men, and the government enforced the law.

Birth Registration: Citizenship is derived by birth within the country’s territory and from one’s parents. Authorities registered all births immediately.

Child Abuse: Child abuse was a problem. The Association for Victim Support reported 941 crimes against children younger than 18 in 2018. According to the 2018 Annual Internal Security Report, Romani parents used minor children for street begging. A child-abuse database was accessible to law enforcement and child protection services. The government prohibits convicted child abusers from work or volunteer activities involving contact with children. It also carried out awareness campaigns against child abuse and sexual exploitation.

Early and Forced Marriage: The minimum age for marriage is 18 for women and men, but both sexes may marry at 16 with the consent of both parents exercising parental authority, or a guardian, or, in default of the latter, a court decision.

Sexual Exploitation of Children: Statutory rape is a crime with penalties ranging up to 10 years in prison, and authorities enforced the law. The minimum age for legal consensual sex is 16. The law prohibits child pornography. Penalties range up to eight years in prison.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Estimates placed the Jewish community at 3,000-4,000 persons. There were no reports of anti-Semitic acts.

After the country passed a law in 2015 granting descendants of Jews forced into exile centuries ago the right to citizenship, the government received 47,560 requests, and naturalized 9,711 applicants for citizenship as of February 27. The largest numbers were from Israel, Brazil, Turkey, Argentina, and the United States.

The institutions of the Jewish community in Lisbon or Porto vetted each application. These institutions are responsible for checking documentation of the applicants’ ancestors and making recommendations to the government.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, and mental disabilities. The government generally enforced the law effectively. The law mandates access to public buildings, information, and communication for persons with disabilities, but no legislation covers private businesses or other facilities.

The Commission for Equality and Against Racial Discrimination (CICDR) is the dedicated body to combat racial discrimination. Its mission under law is to prevent and prohibit racial discrimination and to penalize actions that result in the violation of fundamental rights or in the refusal or constraint of the exercise of economic, social, or cultural rights by any person based on his or her race, ethnic origin, color, nationality, ancestry, or territory of origin. According to its annual report, the CICDR received 346 complaints of discrimination in 2018, an increase of nearly 50 percent from 2017. The CICDR explained that this increase might have been due to greater awareness of racial and ethnic discrimination issues and an improved understanding of the mechanisms available to victims.

The government estimated the Romani population to be between 40,000 and 50,000 persons. A large number of Roma continued to live in encampments consisting of barracks, shacks, or tents. Many settlements were in areas isolated from the rest of the population and often lacked basic infrastructure, such as access to drinking water, electricity, or waste-disposal facilities. Some localities constructed walls around Romani settlements. Media reports of police harassment, misconduct, and abuses against Roma continued.

In some localities the government provided integration and access to services for the Roma, including vaccination campaigns, monitoring of prenatal care, scholarship programs, assistance in finding employment, and a mediation program staffed by ethnic Romani mediators in the Office of the High Commission for Immigration and Intercultural Dialogue.

The constitution and the law prohibit discrimination based on sexual orientation and gender identity.

A 2018 gender identity law allows transgender adults to update their name and gender marker in the civil registry to reflect their gender identity without having to submit a medical certificate. Transgender minors ages 16 and 17 are also able to update their name and gender marker in the civil registry to reflect their gender identity, but they must present a clinical report.

On August 16, the government issued a directive that allows children to make choices that correspond with their gender identity, including choosing a bathroom, wearing a girl’s or boy’s school uniform, or using a new gender name. The directive sets out administrative procedures stemming from a law passed by parliament in 2018 that seeks to eliminate discrimination against transgender persons. The measure caused controversy among parents of school-aged children and disapproving right-of-center opposition politicians called for the Constitutional Court to intervene. An online petition against the directive surpassed 23,000 signatures in two days, newspaper opinion pages weighed the advantages and disadvantages, and social media provided a platform for parents worried that boys might enter girls’ bathrooms, but there were no further developments.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of most workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government generally respected these rights. The law prohibits antiunion discrimination and requires reinstatement of workers fired for union activity.

While the law provides for freedom of association and collective bargaining, several restrictions limit these rights. The rights of police officers and members of the armed forces are limited. The Judiciary Police, the Foreigners and Borders Service, and prison guards may strike; the Public Security Police and the Republican National Guard may not. If a long strike occurs in a sector deemed essential, such as justice, health, energy, or transportation, the government may order strikers back to work for a specified period. Unions considered the list of essential sectors to be overly broad. Unions reported that compulsory conciliation and arbitration as prerequisites to strikes, restrictions on the scope of strikes, and restrictions on the types of strike actions permitted could limit the effectiveness of strikes.

The law requires unions to represent at least 50 percent of workers in a sector for collective bargaining units to be extended beyond the enterprise level. Public-sector employee unions have the right to discuss and consult with their employers on conditions of work, but they do not have the right to negotiate binding contracts. There remained a lack of clarity regarding criteria for union representation in the Permanent Commission for Social Partnerships, a tripartite advisory body. The law names specific unions, rather than giving participation rights to the most representative unions.

The government was generally effective in enforcing these laws. Resources, including inspections and remediation, were adequate. Penalties for violations range from fines to imprisonment and were sufficient to deter violations. Administrative and judicial procedures were subject to lengthy delays or appeals.

Authorities generally respected freedom of association and the right to collective bargaining. Worker organizations could generally operate free from government interference. Requirements for enterprise-level bargaining by work councils sometimes prevented local union representatives from bargaining directly on behalf of workers. There were instances of employers undermining strikes using last-minute minimum-service requirements. According to labor union representatives, some workers received threats that union participation would result in negative performance reviews.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced and compulsory labor. The law places responsibility for complying with legal provisions on temporary employment agencies and employers of temporary workers. It provides that the contractor and the developer, company, or farm, as well as the respective managers, administrators, or directors, and companies with which they are connected are jointly liable for violations of the legal provisions relating to the health and safety of temporary workers and are responsible for entitlements, social security contributions, and the payment of the respective fines.

Government resources dedicated to prevention of forced labor, including inspections and remediation, and enforcement of the law remained inadequate. Penalties ranging from three to 15 years’ imprisonment were sufficient to deter violations, and convictions remained low. Convicted offenders frequently avoided imprisonment, undercutting enforcement efforts and victim protections, according to NGOs and media. Government efforts to prevent and eliminate forced labor during the year included a countrywide awareness campaign and training security forces to identify, flag, and direct victims to assistance services. In 2018 courts convicted and sentenced 25 traffickers (17 sex trafficking and eight forced labor), compared with 12 in 2017 (one sex trafficking and 11 forced labor).

According to the Portuguese Observatory on Trafficking in Human Beings, foreign labor trafficking victims were exploited in agriculture, construction, and domestic service, while Portuguese victims were exploited in restaurants, agriculture, and domestic service, primarily in the Iberian Peninsula.

Traffickers subjected children to forced labor (see section 7.c.).

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. The statutory minimum age for employment is 16. The law prohibits the employment of persons younger than 18 at night, for overtime work, or in sectors considered hazardous. The Working Conditions Authority (ACT) in the Ministry of Solidarity, Employment, and Social Security has primary responsibility for enforcement of the minimum age law, and enforced it effectively in major industries and the service sector. The government effectively enforced the applicable laws, and penalties were sufficient to deter violations.

Child labor occurred in very limited cases. Children of Romani descent were subjected to forced begging and coerced to commit property crimes (see section 6, Children).

Resources and inspections were adequate. Penalties for violations included imprisonment and were sufficient to deter violations.

d. Discrimination with Respect to Employment and Occupation

Labor laws and regulations prohibit discrimination with respect to employment and occupation, and the government effectively enforced these laws.

The law requires equal pay for equal work. According to the Ministry of Solidarity, Employment, and Social Security, however, women’s average salaries were approximately 17 percent lower than those of men.

e. Acceptable Conditions of Work

The minimum wage covers full-time workers, rural workers, and domestic employees who are at least 18 years of age.

The legal workday may not exceed 10 hours, and the maximum workweek is 40 hours. In 2016 the government approved a return to the public sector’s traditional 35-hour working week, down from the 40 hours that had become standard in the private sector. There is a maximum of two hours of paid overtime per day and 200 hours of overtime per year, with a minimum of 12 hours’ rest between workdays. Premium pay for overtime worked on a rest day or public holiday is 100 percent; overtime performed on a normal working day is paid at a premium of 50 percent for the first hour and 75 percent for subsequent time worked. Unions raised concerns regarding working hour provisions on flexibility schemes and time banking, which the government noted were designed to make working hours more flexible and increase productivity. Occupational safety and health standards set by ACT were current and appropriate. Information on enforcement of these laws in the small informal economy was not available.

ACT was responsible for enforcement of minimum wage, hours of work, and safety standards in the formal sector, and effectively enforced these measures. Resources, inspections, and remediation were adequate. Penalties ranged from fines to prison sentences and were sufficient to deter violations.

Workers have the right to lodge confidential grievances with ACT regarding hazardous conditions or circumstances they believe endanger their health. Inspectors have the right to conduct inspections at any private or public company at any time without warning, and they may shut down a workplace or a business permanently or temporarily if there is imminent danger to the workers’ health or safety. Workers are registered with social security services, whose funds cover their mandatory insurance for occupational diseases and work-related accidents. ACT conducts studies on labor accidents, salaries, and working conditions. It may impose administrative penalties and file lawsuits against employers. It has the right to access company records, files, and archives, and it may provide mediation services to resolve individual or group labor disputes. Labor enforcement tended to be less rigorous in sectors such as construction and agriculture, where most immigrant workers were employed, according to NGOs. ACT reported that there were 131 deaths from work-related accidents in 2018, an increase of 10 percent from 2017. Workers may remove themselves from situations that endanger health or safety without jeopardy to their employment, and authorities effectively protected employees in this situation.

Sweden

Executive Summary

The Kingdom of Sweden is a constitutional monarchy with a freely elected multiparty parliamentary form of government. Legislative authority rests in the unicameral parliament (Riksdag). Observers considered the general elections in September 2018 to be free and fair. In January a center-left coalition led by Stefan Lofven of the Social Democratic Party assumed office. The king is largely a symbolic head of state. The prime minister is the head of government and exercises executive authority.

The national police are responsible for law enforcement and general order within the country. The Security Service is responsible for national security related to terrorism, extremism, and espionage. The Ministry of Justice provides funding and letters of instruction for police activities, but it does not control how the police perform them. According to the constitution, all branches of the police are independent authorities. Civilian authorities maintained effective control over the security forces.

There were no reports of significant human rights abuses.

Authorities generally prosecuted officials who committed human rights abuses.

Section 2. Respect for Civil Liberties, Including:

The constitution provides for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.

Freedom of Expression: The law criminalizes expression considered to be hate speech and prohibits threats or statements of contempt for a group or member of a group based on race, color, national or ethnic origin, religious belief, or sexual orientation. Penalties for hate speech range from fines to a maximum of four years in prison. In addition, the country’s courts have held that it is illegal to wear xenophobic symbols or racist paraphernalia or to display signs and banners with inflammatory symbols at rallies.

Press and Media, Including Online Media: Independent media were active and expressed a wide variety of views without restriction. The law criminalizing hate speech applies as well to print and broadcast media, the publication of books, and online newspapers and journals.

Nongovernmental Impact: Journalists were subjected to harassment and intimidation. In February a group of seven masked persons and one unmasked woman entered Swedish Television’s (SVT) editorial board in Helsingborg to create publicity around a publicly unconfirmed message. No one was hurt, and the incident was reported to the police. The woman was charged with trespassing. The SVT reported it handled an average of 35 security threats daily. Threats ranged from social media attacks on journalists and information technology breaches to physical threats against employees.

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

There were no government restrictions on academic freedom or cultural events.

b. Freedoms of Peaceful Assembly and Association

The constitution provides for the freedoms of peaceful assembly and association, and the government generally respected these rights.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

Not applicable.

f. Protection of Refugees

Abuse of Migrants, Refugees, and Stateless Persons: Police reported several fires involving housing facilities or planned housing facilities for asylum. While most of the fires were accidents, some of the incidents were suspected to be arson.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to internally displaced persons, refugees, asylum seekers, stateless persons, and other persons of concern.

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees. Applicants may appeal unfavorable asylum decisions.

On May 24, the Council of Europe’s commissioner for human rights submitted an intervention to the European Court for Human Rights in the case of Dabo v. Sweden which argued that the right of family unification for refugees overrode the country’s bureaucratically set deadlines for making such requests. The case continued at year’s end.

Asylum seekers who have been denied residence are not entitled to asylum housing or a daily allowance, although many municipalities continued to support rejected asylum seekers through the social welfare system at the local level.

Safe Country of Origin/Transit: In accordance with EU regulations, the government denied asylum to persons who had previously registered in another EU member state or in countries with which the government maintained reciprocal return agreements.

Durable Solutions: The government assisted in the voluntary return of rejected asylum seekers to their homes and authorized financial support for their repatriation in the amount of 30,000 kronor ($3,170) per adult and 15,000 kronor ($1,590) per child, with a maximum of 75,000 kronor ($7,930) per family. The country also participated in the European Reintegration Network that offered support for the reintegration of returning rejected asylum seekers.

Temporary Protection: The government also provided various forms of temporary protection to individuals who may not qualify as refugees. In 2018 it provided temporary protection to 517 persons.

According to UNHCR there were 31,819 stateless persons in the country at the end of December 2018. The large number of stateless persons was due to the influx of migrants and refugees and the birth of children to stateless parents who remained stateless until either one parent acquired citizenship or a special application for citizenship (available for stateless children under the age of five) was made. Most stateless persons came from the Middle East (Gaza and the West Bank, Lebanon, Syria, and Iraq) and Somalia.

Stateless persons who were granted permanent residence could obtain citizenship through the same naturalization process as other permanent residents. Gaining citizenship generally took four to eight years, depending on the individual’s grounds for residency, ability to establish identity, and lack of a criminal record.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Recent Elections: Observers considered the general elections held in September 2018 to be free and fair.

Participation of Women and Minorities: No laws limit participation of women or members of minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated reports of government corruption.

Financial Disclosure: The law requires public officials and political parties to disclose their income and assets. The declarations are available to the public, and there are criminal and administrative sanctions for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

A variety of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials often were cooperative and responsive to their views.

Government Human Rights Bodies: The country had nine national ombudsmen: four justice ombudsmen; the chancellor of justice; the children’s ombudsman; the consumer ombudsman; the child and school student ombudsman; and the equality ombudsman with responsibility for ethnicity, gender, transsexual identity, religion, age, sexual orientation, and disabilities. There were normally ombudsmen at the municipal level as well. The ombudsmen enjoyed the government’s cooperation and operated without government or party interference. They had adequate resources, and observers considered them generally effective.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Rape and Domestic Violence: Rape, including spousal rape and domestic violence, is illegal, and the government enforced the law effectively. Penalties range from two to 10 years in prison.

The Swedish National Council for Crime Prevention reported 7,958 cases of rape in 2018, an increase of approximately 8 percent compared with the previous year. Women and girls were victims in more than 93 percent of the cases. In approximately 17 percent of the cases, the abuser was convicted. Domestic violence remained a problem, and 11,522 cases were reported during 2018.

The law provides for the protection of survivors from contact with their abusers. When necessary, authorities helped survivors to protect their identities or to obtain new identities and homes. Both national and local governments helped fund volunteer groups that provided shelter and other assistance for abused women.

Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. It is also illegal to perform FGM/C on a Swedish citizen abroad. The government developed a national action plan to prevent FGM/C and work with victims. In 2018 the National Board of Health and Welfare estimated approximately 40,000 victims of FGM/C were living in Sweden. In 2018, 38 cases of genital mutilation were reported to the police; all FGM/C had taken place abroad. The national clinic specializing in victims of FGM/C reported an 80 percent increase in visitors over the past two years.

Other Harmful Traditional Practices: Honor-related violence often involved immigrants from the Middle East or South Asia. The national support line for honor-related crime victims reported a significant increase of callers from approximately 20 per month in 2014 to 80 in 2018. Between January and September, the support line reported 44 cases of children being sent abroad for forced marriage. In August the Skane Court of Appeals sentenced a woman to six months in prison for unlawfully threatening to kill her 22-year-old son’s 19-year-old girlfriend unless she had an abortion, since the pregnancy was contrary to the older woman’s religion and culture.

Sexual Harassment: The law prohibits sexual harassment and provides for criminal penalties from a fine to up to two years in prison. The government generally enforced this law.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.

Discrimination: Women have the same legal status and rights as men, including under family, religious, personal status, labor, property, nationality, and inheritance law. Women were underrepresented in high-ranking positions in both the public and the private sectors.

Gender-based discrimination with respect to access to credit, owning or managing a business, and access to education and housing is prohibited and was not commonly reported. The government enforced the laws effectively.

Birth Registration: Citizenship is derived from one’s parents. The tax authority immediately registered in the national population register all children born in the country, regardless of their parents’ citizenship or immigration or residency status in the country.

Child Abuse: The law prohibits parents or other caretakers from abusing children mentally or physically. Penalties for such range from a fine up to 10 years in prison. Cases of child abuse were reported. Authorities may remove abused children from their homes and place them in foster care. The children’s ombudsman published a number of reports and publications for children and those working to protect children from abuse.

Early and Forced Marriage: The minimum age of marriage is 18, and it is illegal for anyone under 18 to marry. The government will legally recognize as valid the marriage of anyone who comes to the country after the age of 18, even if they were married abroad before the age of 18. The government does not recognize a foreign child marriage if either of the parties was a Swedish citizen or resident in Sweden at the time of marriage.

Sexual Exploitation of Children: The law criminalizes “contact with children under 15 for sexual purposes,” including internet contact intended to lead to sexual assault. Penalties range from fines to one year in prison. The law prohibits the sale of children; penalties range from two to 10 years in prison. It also bans child pornography with penalties ranging from fines to six years in prison. Authorities enforced the law. The minimum age for consensual sex is 15.

Displaced Children: Stockholm police reported underage children, mainly from Morocco, Algeria, and other countries in North Africa, lived on the streets. Many of these children had sought asylum in the country but did not qualify and were at risk of removal. Social Services offered accommodation for children or foster families regardless of asylum status.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

Leaders of the Jewish community estimated there were 20,000 Jews in the country and approximately 6,000 registered members of Jewish congregations. The National Council for Crime Prevention (NCCP) registered 280 anti-Semitic crimes in 2018, compared with 182 in 2016. Anti-Semitic crimes included threats, verbal abuse, vandalism, graffiti, harassment in schools, and Holocaust denial. Anti-Semitic incidents were often associated with neo-Nazi movements and events in the Middle East and the actions of the Israeli government. Swedish Jews were often blamed for Israeli policies.

The most common forms of anti-Semitism were hate speech (45 percent of complaints), unlawful threats or harassment (34 percent), vandalism or graffiti (8 percent), and defamation (8 percent). Of the 182 investigations opened in 2016, 52 percent were dismissed, and 37 percent were directly dismissed without a formal investigation due to lack of evidence. Formal charges were brought in only 9 percent of the cases.

Police, politicians, media, and Jewish groups have stated that anti-Semitism has been especially prevalent in Malmo. The Simon Wiesenthal Center left in place its travel warning, first issued in 2010, regarding travel in southern Sweden, because Jews in Malmo could be “subject to anti-Semitic taunts and harassment.”

In February the Supreme Court overruled the appellate court’s decision not to expel a Palestinian man with “special refugee status” sentenced to two years in prison for attempting to firebomb the synagogue in Gothenburg in 2017. The man will serve his sentence and then be expelled. He is prohibited from returning to Sweden before 2028.

At a demonstration in Malmo on May 1 arranged by the Social Democratic Youth Association (SSU) demonstrators sang, “long life Palestine–destroy Zionism.” The demonstrators were reported for hate speech to police, who initiated an investigation. The SSU stated it understood the criticism and that it would stop singing the song.

On July 2, the Nordic Resistance Movement (NMR), a neo-Nazi group, held a meeting with a few participants in Visby during the annual Almedalen conference of the country’s political leaders. Later that day NMR members shouted denials of the Holocaust and attempted to block entrance into an exhibition featuring photographs of seven Holocaust survivors, which had been arranged by the Fotografiska Museum in central Visby. Police dispersed the NMR and initiated an investigation into hate speech.

In August an imam was convicted of hate speech following a demonstration in central Helsingborg in 2017. The imam received a conditional sentence and fines. During a speech, given in Arabic, he called Jews “the progeny of monkeys and pigs.”

A Jewish neurosurgeon at New Karolinska Hospital (NKS) reported continuing anti-Semitic harassment stemming from his 2017 report that the hospital’s chief of neurosurgery subjected him and two other Jewish colleagues to anti-Semitic harassment and discrimination. An internal investigation reportedly concluded no harassment had taken place. Following widespread media condemnation, the NKS demoted the accused surgeon in June for “violating the hospital’s core values” but without acknowledging anti-Semitism. The equality ombudsman undertook three inquiries into the hospital’s actions concerning the Jewish doctor’s claims. On October 7, the daily Svenska Dagbladet reported the Simon Wiesenthal Center criticized the Karolinska Institute (KI), an associated medical university that awards the Nobel Prize for Medicine but is not legally part of NKS, for failing to introduce zero tolerance against anti-Semitism and other forms of racism. Mikael Odenberg, chairman of the KI board of directors, called the criticism “expected, but unfounded.”

A report published in December 2018 by the EU Agency for Fundamental Rights found that more than 80 percent of Jewish-Swedes subjected to anti-Semitic harassment chose not to report the incident to the police because they believed nothing would be done about it. Approximately one-third of the more than 1,000 respondents said they avoided carrying Jewish symbols and were thinking about moving from the country for security reasons.

A web survey published in June by the polling institute Inizio found that more than half of the 1,001 respondents it interviewed believed anti-Semitism had increased over the previous five years. More than one-third experienced anti-Semitism in their everyday lives one or more times. More than two-thirds of the respondents were worried about anti-Semitism. The survey also showed that more than half of the country’s population indicated they knew about the Holocaust rather well. Only a small minority believed it was not important to remember the Holocaust.

For 2018 and 2019, the government allocated 22 million kronor ($2.3 million) for grants to increase security for threatened places of worship and other parts of civil society. All religious communities and civil society actors who believe they have been threatened may apply for the grant.

The Swedish Civil Contingencies Agency continued to cooperate with religious communities on a national level to promote dialogue and prevent conflicts leading to anti-Semitic incidents. It continued to train police officers to detect hate crimes and visited high schools to raise awareness of such crimes and encourage more victims to report abuses. The government made information available in several languages for victims of hate crimes and provided interpreters to facilitate reporting. Police hate-crime officers operated throughout the country.

The Living History Forum is a public authority commissioned to address societal problems related to religious and ethnic tolerance, democracy, and human rights using the Holocaust and other crimes against humanity as its starting point. The Forum sensitized the public, and particularly the young, to the need to respect the equal value of all persons, with a specific focus on teaching about the Holocaust as a means of fighting Holocaust denial and anti-Semitism.

The Media Council, a government agency whose primary task is to train minors to be conscious media users and to protect them from harmful media influences, initiated a No Hate Speech Movement campaign and worked to stop anti-Semitic conspiracy theories. The government allocated five million kronor ($529,000) annually from 2018 to 2020 to strengthen opportunities for study visits to Holocaust memorial sites and allow more students and teachers to visit them.

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

The law prohibits discrimination against persons with disabilities. The government effectively enforced these provisions and held accountable those responsible for violations.

Government regulations require new buildings and public facilities to be fully accessible. Observers reported cases of insufficient access to privately owned buildings used by the public, such as apartments, restaurants, and bars. Some means of public transportation remained inaccessible.

Societal discrimination and violence against immigrants and Roma continued to be problems.

Police registered reports of xenophobic crimes, some of which were linked to neo-Nazi or white supremacy ideology. Police investigated and the district attorney’s office prosecuted race-related crimes. The Security Service estimated the total membership of violent extreme right-wing groups at 500 persons, strengthened by several hundred additional supporters who attend rallies. Neo-Nazi groups operated legally (see section 2.a.). The NMR was the largest white supremacy group with approximately 160 active members. The NMR registered as a political party and participated in the parliamentary and local elections in September 2018. It did not win any seats. During the year the NMR split. Eight neo-Nazis from the top leadership formed a new group called Nordisk Styrka (Nordic Strength). The new group opposes NMR’s “liberalization” and wants to focus more on “the struggle.” The NGO EXPO was concerned Nordisk Styrka would try to profile themselves on radical forms of violent activism.

The National Coordinator for Vulnerable EU Citizens estimated in February that 4,500-5,000 vulnerable EU citizens, the vast majority of whom were Roma from Romania and Bulgaria, resided in the country in abject poverty at any given time. As EU citizens, they are allowed to stay in the country without permission for up to three months, but authorities did not enforce this limit. Police stated that most Roma were in the country voluntarily but that there were cases of trafficking and forced begging. In December 2018 the Supreme Administrative Court determined that municipal bans on begging were compatible with the law. Since then, 11 municipalities issued begging bans. In some cases the municipality requires an official permit for persons looking to collect funds on city grounds.

Several districts in the country where a majority of the population was of immigrant origin or parentage suffered social segregation from the rest of the country. The result was lower levels of education, higher levels of unemployment, and separation from the country’s mainstream culture mainly due to poor Swedish-language skills.

In January amendments to the Act on National Minorities and Minority Languages came into force that strengthen the basic protection of the languages and culture of the national minorities. Among other things, the amendments require municipalities and county councils to adopt goals and guidelines for their minority policy work and provide members of national minorities the right to preschool and other educational activities and to elder care in their native languages.

The approximately 20,000 Sami in the country are full citizens with the right to vote in elections and participate in the government, including as members of the country’s parliament. They are not, however, represented as a group in parliament. A 31-member elected administrative authority called the Sami parliament (Sametinget) also represented Sami. The Sami parliament acts as an advisory body to the government and has limited decision-making powers in matters related to preserving the Sami culture, language, and schooling. The national parliament and government regulations govern the Sami parliament’s operations.

Longstanding tensions between the Sami and the government over land and natural resources persisted, as did tensions between the Sami and private landowners over reindeer grazing rights. Certain Sami have grazing and fishing rights, depending on their tribal history.

In August the Historical Museum in Stockholm repatriated the remains of 25 Sami individuals to their original resting place in an old cemetery in Lycksele. The remains were excavated in an archaeological study in the 1950s. In addition to a ceremony, both the Lycksele municipality and the Swedish Church carried out educational efforts as part of a reconciliation process.

On September 3, the Supreme Court opened the hearings in the case of Girja’s Sami village versus the state, a legal process started 10 years ago. The conflict centers around who holds the right to hunting and fishing in the Sami village area, the Sami village, or the state.

Antidiscrimination laws exist; apply to lesbian, gay, bisexual, transgender, and intersex individuals; and were enforced.

In 2018 the NCCP identified 7,090 police reports with a hate crime motive, a majority with xenophobic motives.

In May the Staffanstorp municipal council voted to forbid veils, burqas and niqab among staff and students in preschools and schools up to grade six. The decision was appealed to the Administrative Court as a violation of religious freedom.

Police in Stockholm, Gothenburg, and Malmo have democracy and anti-hate crime groups. A National Center for Preventing Violent Extremism under the auspices of the NCCP serves as a clearinghouse for information, best practices, and support of municipalities, agencies, and other actors.

Section 7. Worker Rights

a. Freedom of Association and the Right to Collective Bargaining

The law provides for the right of workers to form and join independent unions, bargain collectively, and conduct legal strikes. The government effectively enforced the law and penalties were sufficient to deter violations. The law prohibits antiunion discrimination and provides for protection of workers from being fired because of union activity. If a court finds a dismissal to be unlawful, the employee has the right to reinstatement.

Foreign companies may be exempt from collective bargaining, provided they meet minimum working conditions and levels of pay. Public-sector employees enjoy the right to strike, subject to limitations in the collective agreements protecting the public’s immediate health and security. The government mediation service may also intervene to postpone a strike for up to 14 days for mediation. The International Trade Union Confederation (ITUC) claimed the law restricts the rights of the country’s trade unions to take industrial action on behalf of foreign workers in foreign companies operating in the country. The law allows unions to conduct their activities largely without interference. The government effectively enforced applicable laws. The Labor Court settles any dispute that affects the relationship between employers and employees. An employer organization, an employee organization, or an employer who has entered into a collective agreement on an individual basis may lodge claims. The Labor Court may impose prison sentences sufficient to deter violations. Administrative and judicial procedures were not subject to lengthy delays and appeals.

Workers and employers exercised all legal collective bargaining rights, which the government protected. The government and employers respected freedom of association and the right to collective bargaining. There were few reports of antiunion discrimination. ITUC quoted the Swedish Confederation for Professional Employees that employee representatives and occupational safety and health (OSH) representatives were most affected by antiunion discrimination.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children, and the government effectively enforced the law. Penalties of imprisonment were generally sufficient to deter violations. Forced labor involving trafficked men and women occurred in agriculture (including involving companies providing foreign labor for berry picking), construction, hospitality, domestic work, forced begging, and theft, and there were reports of forced begging involving trafficked children (see section 7.c.). In some cases employers or contractors providing labor seized the passports of workers and withheld their pay. Resources and inspections were adequate.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits the worst forms of child labor. It permits full-time employment from the age of 16 under the supervision of local authorities. Employees younger than age 18 may work only during the daytime and under supervision. Children as young as 13 may work part time or perform light work with parental permission. The law limits the types of work children may or may not engage in. For instance, a child may not work with dangerous machinery or chemicals. A child may also not work alone or be responsible for handling cash transactions. The law considers illegal employment of a child in the labor market a civil rather than a criminal violation. According to the law, forcing a child to work may be treated as coercion, deprivation of liberty, or child abuse, and it carries a wide range of penalties, including fines and imprisonment. The government effectively implemented these laws and regulations. Penalties were sufficient to deter violations.

According to the National Method Support against Prostitution and Trafficking, an umbrella organization under the auspices of the Equality Agency, 19 girls and 38 boys from outside the country were subjected to trafficking in 2018. This was a decrease compared with previous years. The boys were mainly subjected to forced begging and forced petty theft. The girls were mainly subjected to sexual exploitation, forced begging, and child marriage. Police and social services reportedly acted promptly when case were reported. The most common country of origin for trafficked children was Morocco.

d. Discrimination with Respect to Employment and Occupation

The law prohibits discrimination in respect of employment and occupation. The government effectively enforced applicable law, and penalties were sufficient to deter violations. The law requires equal pay for equal work. Discrimination in employment or occupation occurred. The equality ombudsman investigated complaints of gender discrimination in the labor market. In 2018 the ombudsman received 807 complaints of discrimination in the labor market, of which 170 were related to gender. Workers with disabilities faced workplace access discrimination. Of the complaints of ethnic discrimination, 254 involved the labor market. Complaints may also be filed with the courts or with the employer. Labor unions generally mediated in cases filed with the employer.

In November 2018 the Center for Multidisciplinary Research on Racism at Uppsala University reported on discrimination against Afro-Swedes in the labor market. Afro-Swedes with a three-year post-secondary education have significantly lower salaries than the rest of the population with the same level of education. Afro-Swedes born in Sweden had an income level 50 percent below the average.

e. Acceptable Conditions of Work

There is no national minimum wage law. Annual collective bargaining agreements set wages within industries, which were greater than the poverty income level. By regulation both foreign and domestic employers must offer conditions of employment on par with the country’s collective agreements. Nonunion establishments generally observed these contracts as well.

The labor law and collective bargaining agreements regulate overtime and rest periods. The law allows a maximum of 200 hours of overtime annually. Collective agreements determined compensation for overtime, which could take the form of money or time off. The law requires a minimum period of 36 consecutive hours of rest, preferably on weekends, over a seven-day period.

OSH standards were appropriate. The responsibility for identifying unsafe situations remains with OSH experts and not the worker.

The Swedish Work Environment Authority, a government agency, effectively enforced these standards. During the year the government conducted more than 400 unannounced visits to check on work permits, taxes, and working environment regulations, in the process uncovering widespread violations. In 2018 the authority conducted approximately 27,000 labor dialogue visits of which 19,000 were labor inspections. The number of inspectors was sufficient to enforce the law. The government’s increase of the authority’s budget resulted in an increase in inspections. The Swedish Work Environment Authority reported 50 industrial accidents that caused death of workers in 2018.

The Swedish Work Environment Authority issued occupational health and safety regulations, and trained union stewards and safety ombudsmen whom government inspectors monitored. Safety ombudsmen have the authority to stop unsafe activity immediately and to call in an inspector. The authority effectively enforced these rules. An employer may be fined for violating work environment regulations. Penalties were sufficient to deter violations.

Many foreign seasonal workers, including berry pickers from Asia and Bulgaria, faced harsh working conditions, including the seizure of passports, withholding of pay, and poor living and working conditions. The guidelines of the Swedish Retail and Food Federation cover EU citizens who pick berries in the country but not workers from outside the EU. Under the guidelines berry pickers are to be informed that they have the right to sell their berries to all buyers and that nobody has the right to control their workhours. A foreign company providing berry pickers to a local company must also demonstrate how it expects to pay workers in case of limited work or a bad harvest. The guidelines task food and retail organizations and brokers with ensuring their implementation.

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The Lessons of 1989: Freedom and Our Future