These are the responsibilities of an employee

av

Miski Ibrahim

There are several responsibilities of an employee that you have to follow. These responsibilities are outlined in your employment contract, in the Swedish Work Environment Act, and other potential agreements. It’s important to follow the rules to allow your employer to create a safe and efficient work environment for all employees.

Some of the most important responsibilities of an employee

Perform tasks according to your contract

You’re required to perform your tasks as specified in your contract. This means you have to follow the guidelines and instructions provided by your employer. If you refuse tasks without a valid reason, it can be seen as refusal to work, which can lead to warnings, and in serious cases even termination.

Follow workplace rules and guidelines

Most workplaces have rules and guidelines that employees have to follow. This can include safety regulations, dress codes, or rules regarding work hours. If you violate these rules, especially the ones related to safety, it can negatively impact both you and your colleagues and lead to disciplinary actions.

Difficulty in cooperation

Cooperation difficulties in the workplace, if severe, can lead to termination. However, it’s important that the ability to cooperate is essential for the job and that your tasks cannot be completed without effective teamwork. In cases of cooperation issues, the employer has to first investigate the problems and attempt to find a solution, such as through reassignment or mediation between employees. The employer’s responsibility to resolve the situation can vary depending on the size and resources of the company.

Disloyal behavior

An employee is also obliged to remain loyal to their employer. This means that you, as an employee, shouldn’t compete with your employer’s business or spread falsehoods or damage their reputation. The higher the position you hold in the workplace, the greater the expectation for loyalty. At the same time, there are protections for whistleblowers under the Whistleblower Act, meaning that reporting misconduct at your workplace isn’t considered disloyalty.

Attendance and punctuality

It’s your responsibility to arrive on time and be present during work hours unless otherwise agreed upon. Repeated absenteeism or tardiness without a valid reason can lead to warnings and deductions in pay. In the worst-case scenario, it can even result in dismissal if it becomes a recurring issue.

Follow occupational health and safety regulations

According to the Swedish Work Environment Act, all employees are required to follow safety regulations and use the appropriate protective equipment to make sure that the workplace remains safe. If you don’t follow these rules, you risk not only your own safety but also the safety of your colleagues. This can lead to both disciplinary and legal actions.

Confidentiality

If your employer requires confidentiality regarding trade secrets or sensitive information, you’re obligated to respect that. Breaching confidentiality can lead to legal and financial consequences.

Responsibilities of an employee during the notice period

If you resign or are terminated, you have to work throughout your notice period. The length of your notice period should be stated in your employment contract and can vary depending on how long you’ve been employed or what’s stated in the collective agreement. During the notice period, you have the same obligations as usual to work and contribute to the business. If you don’t work during the notice period, the employer can deduct pay and, in some cases, demand financial compensation for lost labor.

Consequences of not following your responsibilities as an employee

Warnings
If you breach your responsibilities, it’s common for the employer to first issue a verbal or written warning. This gives you the chance to correct what’s gone wrong.

Deductions in pay
If you’ve breached your responsibilities repeatedly without a valid reason, your employer can make deductions from your pay for the time you haven’t worked.

Reassignment
In some cases, an employer can choose to reassign you to different tasks if it would lead to improved performance.

Termination or dismissal
For repeated or serious breaches of the employer’s rules, the employer could choose to terminate or dismiss you. In the case of dismissal, your employment ends immediately without a notice period.

Legal consequences
If you violate confidentiality rules, workplace safety regulations, or other legally mandated responsibilities, it can lead to consequences such as fines or, in the worst case, imprisonment. That’s why it’s important that you understand and comply with the requirements your employer sets for you. Of course, this only applies as long as the requirements are reasonable and necessary for you to perform your job.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Easier to apply for Swedish citizenship for children

av

Anuta Sjunghamn

On September 12, 2024, the Swedish Migration Court of Appeal issued a ruling in an important case regarding children’s ability to acquire Swedish citizenship alongside a parent. Their decision is highly significant for parents who wish to apply for Swedish citizenship for children. The ruling clarifies that children don’t need permanent residency in order to obtain citizenship when the parent receives citizenship. Instead, the focus should be on the child’s connection to the parent and what’s in the child’s best interest. Meaning that when a parent becomes a Swedish citizen, their child can also be granted citizenship, even without permanent residency.

Background to the ruling in question

The ruling was given in a case involving a family with a three-year-old daughter. The mother applied for Swedish citizenship and simultaneously requested that her daughter also be granted citizenship. Her daughter was born in Sweden and has lived here with both parents, who share joint custody. Despite this, the mother was granted Swedish citizenship, while the Swedish Migration Agency denied the giving the little girl citizenship. The Migration Agency argued that the girl wasn’t entitled to citizenship because she didn’t have permanent residency. They claimed that permanent residency is a requirement when applying for citizenship, and the girl simply didn’t meet the criteria. And they didn’t see reason to make an exception.

The decision from the Migration Court of Appeal

The Migration Court of Appeal in Sweden ruled that the most important factor in a application for citizenship is child’s connection to the parent, not whether they have permanent residency. They believed the girl had a strong bond with her parents, which outweighed the requirement for permanent residency.

The Migration Court of Appeal also took into account the best interests of the child and how a decision to deny citizenship would affect her life situation and relationship with her parents. Since the girl was born in Sweden and lived here with her them, the court believed she should be granted Swedish citizenship despite not having permanent residency.

How the ruling affects other applications for Swedish citizenship for children

This ruling will change how citizenship applications are handled when parents want their children to be included in their process. Previously, it was strictly required that children had to have permanent residency to be granted citizenship. But with this ruling, more children will be able to receive citizenship alongside their parents. The child’s living situation and relationship with the applying parent will be much more important. And hopefully, it will become easier for children to gain Swedish citizenship when their parent is granted citizenship. Especially when it’s clear that the child has a strong connection to Sweden and the parent.

The child’s best interests is important when applying for Swedish Citizenship for Children

This ruling is now a guiding principle in applications for Swedish citizenship involving children. And it can govern children’s chances of acquiring Swedish citizenship. The best interests of the child should be a priority, and other requirements, such as permanent residency, won’t be decisive. This will make future decisions regarding citizenship more flexible and fair as the focus will be on how a decision impacts the child’s life and future.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Custodial interference – what is it and what are the consequences?

av

Aja Wadii

Custodial interference is when one parent deliberately prevents or complicates the child’s contact with the other parent. This can be particularly damaging to the child’s development and also to their relationship with both parents. Interfering with the custody agreement not only goes against the child’s right to a close and continuous relationship with both parents, but it can also have serious legal consequences in Sweden.

What is custodial interference?

Custodial interference occurs when one parent actively prevents or reduces the opportunities for the child to meet or have contact with the other parent. This can happen by refusing to allow the child to spend time with the other parent, even though there may be agreements, contracts, or even court rulings regarding visitation rights.

It can also involve speaking negatively about the other parent in front of the child, which can make the child dislike or mistrust the other parent. In some cases, the parent can also interfere with visitation by making it difficult for the child to have regular contact with the other parent through phone or video calls.

In Sweden, custodial interference isn’t accepted. When it comes to custody and visitation matters, the child’s best interests are always the priority. The fundamental idea is that a child benefits most when they have contact with both parents. Of course, this only applies when the child isn’t at risk of harm from one of the parents. If a parent harms the child in any way, it’s assumed that the parent shouldn’t have the right to visitation.

This also means that if one parent systematically hinders visitation with the other parent, it can have serious legal consequences. The parent who engages in custodial interference risks losing custody of the child. In such cases, the other parent may be granted sole custody instead. The court can also first impose fines to force the parent who interferes with visitation to comply with the agreements.

What can you do if you’re a victim of custodial interference?

If you feel that the other parent is interfering with your custodial rights, there are several steps you can take:

Om du upplever att den andra föräldern saboterar umgänget med ditt barn finns det en del saker du kan göra:

  • Document the incidents
    It’s important to keep detailed records of when and how the other parent engages in custodial interference. This documentation can be crucial in a legal context.
  • Written agreements
    Se alltid till att ha skriftlig kommunikation med den andra föräldern. Det är mycket lättare att styrka ditt fall om du har era överenskommelser på skrift än om de sker muntligt. Always try to keep the communication with the other parent in written form. At the least when it comes to important information and agreements. It’s much easier to prove your case if you have everything in writing rather than verbally.
  • Contact a lawyer
    A lawyer can help you understand your rights regarding custodial interference and advise you on how to proceed legally.
  • Get help from the family court
    If you don’t have a court ruling regarding visitation, you can get help from your local family court when you feel you’re being subjected to custodial interference. The family court will then try to help you come to an agreement without having to go through a lengthy legal process.
  • Apply for enforcement of visitation orders
    If there’s a court ruling regarding visitation that the other parent isn’t following, you can apply for the district court to enforce the ruling. The court can then step in and force the other parent to respect the visitation agreement.

If you believe that the other parent is interfering with your right to custody and visitation, it’s important to resolve the situation quickly. Both for the child’s sake, so they can continue to have contact with both parents, and for your own sake, so you don’t lose valuable time with your child. Custodial interference is a serious issue that can damage the child’s relationship with their parents, and it’s important to protect the child’s right to visitation and seek legal assistance if necessary.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

7 different types of abuse and signs to look for

av

Aja Wadii

Abuse can manifest in many different ways, and it’s not always easy to identify. Often in relationships, it creeps in gradually. The perpetrator exposes the victim in small steps, leading to a shift in what the victim perceives as normal behavior. By the time it becomes apparent, it has often been going on for a long time.

Regardless of the form, it’s important to understand the different types of abuse a person can be subjected to and how to recognize the signs when someone is subjected. This knowledge allows you to better help if someone close to you is affected and can also help you avoid situations where you may become a victim of abuse.

Physical form

Physical abuse is the most obvious form and simply means that someone uses physical force to harm another person. It can involve hitting, kicking, pushing, or pulling hair, but also restraining someone or threatening to use physical violence.

When someone is subjected to physical abuse, common signs include:

  • Unexplained bruises, injuries, or wounds that the victim may try to hide with clothing.
  • The victim appears afraid to approach others, especially the perpetrator.
  • Repeated absence from work, school, or social events, often with vague excuses.

Emotional form

Emotional abuse involves controlling, threatening, or manipulating another person through insults and humiliation. It’s a subtle form of abuse that can be difficult to detect but can have severe long-term effects on the victim’s self-esteem and mental health.

The effects of emotional abuse can make the victim:

  • Appear constantly nervous or afraid, especially around a specific person.
  • Have significantly lowered self-esteem and frequently speak negatively about themselves.
  • Isolate themselves socially, as the perpetrator may limit the victim’s contact with friends and family.

Sexual abuse

Sexual abuse includes everything from unwanted physical contact to rape and harassment. The common factor is that it occurs without the victim’s consent and violates their bodily integrity.

People subjected to sexual abuse:

  • May avoid talking about intimate relationships or show signs of discomfort when the topic comes up.
  • Have unexplained injuries, especially in intimate areas.
  • Exhibit sudden behavioral changes, particularly showing anxiety or fear.

Economic control

Economic abuse involves limiting or controlling another person’s access to money and financial resources. This can include preventing someone from working or having complete control over their bank accounts and assets. The perpetrator could also force the victim to take out loans they don’t want. What makes it a form of abuse is that the victim doesn’t consent to losing financial control but feels compelled to give it up. This makes the victim financially dependent on the perpetrator.

A person subjected to economic abuse:

  • May seem to struggle with managing their finances, despite having an income.
  • Has a perpetrator who controls all financial decisions and has full insight into the victim’s financial situation.
  • Often asks to borrow money because they have no financial resources of their own.

Material abuse

When it comes to material abuse, the perpetrator will destroy or damage the victim’s property as a way to control and intimidate them. This can range from destroying personal belongings to deliberately damaging the victim’s home or car. The perpetrator can also force the victim to destroy their own possessions. Material abuse also includes violent acts committed against pets.

People subjected to material abuse:

  • May have damaged or destroyed belongings that are of great value to them, both emotionally and financially.
  • May be afraid to own valuable items or constantly worry about having their things destroyed.

Digital abuse

This form of abuse is becoming increasingly common in the digital age we live in. In these cases, the perpetrator will use digital channels, such as social media, text messages, or email, to harass or threaten the victim. Digital abuse can also include monitoring and controlling the victim’s digital activity.

People subjected to digital abuse may:

  • Appear stressed or nervous after receiving messages or emails from the perpetrator.
  • Have a perpetrator who demands access to the their passwords or monitors their social media accounts.
  • Withdraw from social media or seem afraid that their private information will be shared.

Latent abuse

Latent abuse involves living in constant fear that violence will occur, even if the perpetrator isn’t currently exposing the victim to violent behavior. For example, the victim may have been subjected to violence previously and is now adjusting their behavior to avoid triggering the perpetrator.

A person subjected to latent abuse may:

  • Appear to be constantly walking on eggshells, avoiding saying or doing anything that could provoke the perpetrator.
  • Seem perpetually anxious or stressed without an apparent cause.
  • Take responsibility for small mistakes or incidents to prevent a reaction from the perpetrator.

Why it’s important to recognize signs of abuse

All types of abuse can have serious consequences for the victim’s physical and mental health. By being aware of the signs, you can help yourself or someone close to you seek support in time. Abuse is never acceptable, and help is available. Organizations like Fempowerment offer support and advice to people who are or have been subjected.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

The 12 most common crimes in Sweden – and their penalties

av

Daniel Gobraeel

Crime in Sweden is a constantly debated topic that evokes strong emotions and great public interest. Every year, tens of thousands of crimes are reported in the country, and it can be difficult to keep track of which crimes are most common and what penalties apply to them. Below, we outline the 12 most common crimes in Sweden, ranging from theft and drug offenses to assault and traffic violations. We also look at the penalties for these crimes according to Swedish law. By understanding the most common crimes and their consequences, we can gain deeper insight into how the justice system works and how society handles criminal activity.

1. Theft

Theft is when someone takes something that belongs to another person without permission and intends to keep it. According to Swedish law, the penalty for theft can range from fines to imprisonment for up to two years. For grand theft, such as in the case of a burglary or when the stolen goods are highly valuable, the penalty can be up to six years in prison.

2. Fraud

Fraud is when someone deceives another person to get them to do or refrain from doing something, leading to financial harm for the victim. The penalty can be fines or imprisonment for up to two years. In cases of gross fraud, the penalty can be imprisonment for up to six years.

3. Assault

Assault is when someone harms, causes pain, or illness to another person. The penalty can be fines or imprisonment for up to two years. In cases of aggravated assault, the penalty can be up to ten years in prison.

4. Drug offenses

Drug offenses are considered one of the most common crimes in Sweden. They include handling drugs illegally, such as possessing, selling, or manufacturing them. The penalty can be fines or imprisonment for up to three years. In cases of serious drug offenses, the penalty can be imprisonment for up to ten years.

5. Rape

Rape occurs when someone forces another person to have intercourse or perform another sexual act through violence or threats. According to Swedish law, sexual offenses are based on the absence of consent, so violence or threats aren’t always required for it to be considered a crime. The minimum penalty for rape is two years in prison, and for aggravated rape, the penalty can be up to ten years in prison.

6. Infliction of damage

Infliction of damage is when someone destroys or damages another person’s property. The penalty can be fines or imprisonment for up to one year. If the infliction of damage is severe, the penalty can be up to four years in prison.

7. Traffic offenses

Traffic offenses are also among the most common crimes in Sweden. These include violations such as drunk driving, speeding, and driving without a license. Penalties depend on the severity of the offense and can range from fines to imprisonment for up to two years. In cases of aggravated drunk driving, the penalty can be up to two years in prison.

8. Unlawful threats

Unlawful threats occur when someone threatens to commit a crime against another person in a way that causes the victim to feel serious fear. The penalty can be fines or imprisonment for up to one year. For aggravated unlawful threats, the penalty can be up to four years in prison.

9. Violent resistance

Violent resistance is when someone uses violence or threats to oppose a public official. The penalty can be fines or imprisonment for up to six months.

10. Breach of domiciliary peace

Breach of domiciliary peace (trespassing) is another common crime in Sweden. It occurs when someone enters or remains in another person’s home without permission. The penalty can be fines or imprisonment for up to two years.

11. Defamation

Defamation is when someone spreads information about another person that could cause others to look down on them. The penalty can be fines or imprisonment for up to two years.

12. Robbery

Robbery occurs when someone uses violence or threats of violence to steal from someone. The penalty is imprisonment for at least one and up to six years. In cases of aggravated robbery, the penalty can be imprisonment for at least four and up to ten years.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Keep yourself informed about the most common crimes in Sweden

Swedish laws are designed to both deter crime and protect society. By understanding the most common crimes in Sweden and their penalties, we gain a better insight into how the justice system works. It’s also important to know your rights and obligations so you can act appropriately if you become involved in a legal process. Being informed about the law not only helps prevent crime but also provides security and guidance on how to handle legal issues in everyday life.

Swedish student with autism discriminated says Supreme Court

av

Aja Wadii

For students with autism and other disabilities, it can be difficult to receive the right help and support in school. In Sweden, all students are entitled to accommodations in school, regardless of the reason. The student has the right to education based on their own circumstances. Despite this, there are instances where students in Swedish schools don’t receive the support they need. This in turn affects their schooling negatively.

This past summer, the Swedish Supreme Court ruled that an elementary school had discriminated against a student with autism by failing to provide the special support required by the Swedish Education Act. The ruling is particularly important as it establishes schools’ responsibility to provide support to students with disabilities. This also applies in cases where a formal diagnosis hasn’t yet been made.

Delayed support led to absence in school

The case concerns an elementary school student who was frequently absent from school at the end of spring term 2017. The student exhibited difficulties with social interaction and concentration at school. However, the student didn’t receive an autism diagnosis until February 2018. Even though the school initiated an investigation and determined that the student needed special support, it wasn’t until the spring term of that year that the school developed an action plan. Due to the difficulties at school, the student’s absence continued to increase.

The Swedish Schools Inspectorate criticized the school for the lengthy process. They also criticized the fact that the action plan they eventually developed didn’t provide sufficient support.

Supreme Court: Lack of support for autism is discrimination

The Supreme Court found that the student suffered from not receiving the appropriate support in time. During the six months it took for the school to develop the action plan, the student missed large portions of their education. Although the student’s autism diagnosis came later, the Supreme Court held that the signs of disability were clear enough that the school should’ve acted sooner. The student was awarded 20,000 SEK in compensation for discrimination due to lack of accessibility.

The ruling emphasizes schools’ responsibility

This is an important ruling as it clarifies that schools have a responsibility to act quickly and provide the right support to students with disabilities, even if a formal diagnosis hasn’t yet been made. The ruling also strengthens students’ rights and puts pressure on schools to comply with the requirements of the Education Act to avoid discrimination.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

How many were granted residence permit in Sweden 2023

av

Daniel Gobraeel

Many people move to and visit Sweden from other countries. Sweden is a central destination for people seeking work, wanting to study, or reuniting with family. Many also seek refuge in Sweden from war, persecution, and other serious crises around the world. So how many were granted residence permit in Sweden 2023? In 2023, Sweden granted a total of 102,000 residence permits. This is a significant decrease compared to 2022 when about 40,000 more were granted residence permits.

The biggest differences between 2022 and 2023 can be seen among those who applied for work permits, residence permits due to family ties, and the ones who came to Sweden seeking protection. This includes people who applied for asylum, quota refugees under UNHCR’s resettlement program, and people who were granted protection under the Temporary Protection Directive. Residence permits granted to people seeking work and protection in Sweden decreased significantly. At the same time, residence permits granted due to family ties instead increased:

*Asylum seekers, 11,000 people who received protection under the Temporary Protection Directive and 297 quota refugees selected under UNHCR’s resettlement program. The corresponding numbers for 2022 were 47,566 who received protection under the Temporary Protection Directive and 3,744 quota refugees.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Among those who received residence permits in Sweden in 2023 due to seeking protection, many were Ukrainian citizens. Of the total 16,810 who were granted residence permits, about 65% were Ukrainian citizens. Remaining 35% consisted largely of people from countries such as Afghanistan, Syria and Somalia.

The reason for a decrease in residence permits granted in Sweden in 2023 can be linked to various factors. This includes changes in the global migration situation and stricter immigration laws in Sweden. The decrease in residence permits granted to people seeking protection, particularly Ukrainian citizens, can be explained by a gradual stabilization of the situation in some parts of Ukraine. And also changes in how the EU handles the refugee situation.

Granted work permits also decreased in 2023 compared to 2022. Many of those who applied for work permits are citizens of India, China, and Turkey. The decrease can partly be explained by global economic uncertainty, which has affected demand for labor. Additionally, the much higher income requirement for those seeking work permits in Sweden may also have contributed to the decrease.

The most common crimes in Sweden during the first half of 2024

av

Daniel Gobraeel

The Swedish National Council for Crime Prevention (Brå) recently released statistics on the most common crimes in Sweden during the first half of 2024. They’ve also compared the figures with statistics from the first half of 2023. We can already see some clear increases and decreases among the reported crimes. The data reveals a mixed trend where certain types of crimes, particularly those related to drugs and vandalism, are increasing, while traditional crimes such as theft and larceny are decreasing.

The largest increase among the most common crimes in Sweden has occurred in drug-related offenses. Possession of drugs accounts for a significant portion of this increase. Over 10,000 more cases were reported compared to the same period in 2023. Also, vandalism has increased significantly. Particularly graffiti targeting public transportation and vandalism aimed at state and municipal buildings, contributing to a large number of new reports.

At the same time, the number of reported theft and larceny offenses decreased during the first half of 2024. Approximately 170,000 crimes were reported in this category, which is 7% fewer than the previous year. The most significant decrease was seen in vehicle-related thefts, with nearly 7,500 fewer reports.

Among the most common crimes in Sweden, rape against boys and young men increased

Crimes against persons, which include violent crimes such as assault and rape, have increased by 4% in 2024 compared to the first half of 2023. Reported assault cases against both women and men aged 18 and older saw a slight increase. At the same time, the total number of reported rape cases remained roughly the same as the previous year. However, there are significant differences within certain specific groups:

  • Rape against adults: The number of reported rapes against women aged 18 and older increased by 1%, while rape cases against men in the same age group increased by 18%.
  • Rape against children and young people: Reports of rapes against children under 18 years old decreased overall by 2%. However, the number of reported rapes against boys and young men aged 15–17 increased by a staggering 37%.

The statistics on the most common crimes in Sweden during the first half of 2024 reveal a very complex development. Particularly regarding the increase in reported rapes against boys and young men. This increase could be due to the fact that it’s more acceptable nowadays for boys to come forward about having been subjected to sexual violence. The increase could also be due to multiple reports being filed for the same crime. Therefore, it’s difficult to draw a conclusion about why certain crimes have significantly increased while others have significantly decreased.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Sperm donation in Sweden – What does the law say?

av

Miski Ibrahim

Are you considering insemination and having a child with the help of donated sperm? Or have you watched the documentary The Man With 1000 Kids and wonder about the laws for sperm donation in Sweden?

Sperm donation has been permitted in Sweden for a long time. Initially, it was only allowed for heterosexual couples. However, in 2005, it was also permitted for female couples, and in 2016, for single women. Regulations regarding sperm donation are provided by the National Board of Health and Welfare in Sweden and are found in the Parental Code and the Genetic Integrity Act.

Donor requirements when it comes to sperm donation

To donate sperm, the donor must:

  • be of legal age.
  • have given written consent.
  • be healthy.

The physician is the one who selects a suitable donor for insemination. Parents can’t choose specific traits for the donor. However, the donor’s physical characteristics are matched with the woman who’ll carry the child. If a couple is using sperm donation, the donor’s characteristics are matched with the other parent. Considerations are made to ethnic background, hair color, eye color, and body type.

The sperm donor is allowed to withdraw consent. This means they can change their mind about donating, up until the insemination takes place. Donated sperm can’t be used if the donor has passed away.

Donor rights and responsibilities

A sperm donor has no rights or obligations towards the child. The donor, for instance, doesn’t have the right to know which children he’s fathered. Consequently, he can’t contact either the children or the parents. Legally, the sperm donor isn’t considered a parent of the child. Instead, it’s the mother’s partner, if any, who’ll become the child’s second parent. However, this only applies if the mother’s partner agrees to the use of sperm donation and the child is the result of that donation.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Right to information about the donor

Sweden was the first country in the world to ban anonymous sperm donation, aligning with the The UN Convention on the Rights of the Child and the child’s right to know their origin. This means that the child has the right to know they were conceived through insemination and to find out who their donor was. Since 2019, the child can also obtain information about others conceived with the same donor. However, to access this information, those individuals have to opt to have their information recorded in a special journal.

Requirements to undergo insemination with sperm donation

There are specific requirements for those who wish to use sperm donation. These requirements vary somewhat depending on whether it’s a single woman or a couple seeking treatment. By law, the physician handling the case must assess whether the woman or couple is suitable for the treatment. The assessment is based on their medical, psychological, and social circumstances.

Insemination is only allowed if it’s likely that the child will grow up in good conditions. A medical evaluation is also conducted to determine the woman’s likelihood of becoming pregnant. If the woman is married or in a cohabiting relationship, she can only undergo insemination if her partner provides written consent.

How many children can a donor father in Sweden?

According to guidelines from the National Board of Health and Welfare, a sperm donor is only allowed to father children in a maximum of six different families in Sweden. It’s important to note though that there might be other families in other countries who’ve had children with the same donor.

Clinics are responsible for ensuring that the donor doesn’t exceed the limit of six families and doesn’t donate at multiple locations. However, there is no specific national register of donors and sperm donation in Sweden. And so, monitoring whether the six-family limit is followed is difficult. This means there’s a risk that there are children from the same donor in more than six families even within Sweden.

Recently, the National Board of Health and Welfare was tasked by the government to investigate the possibilities of establishing a register to ensure the limit is maintained.

Sexual abuse – where does the law drawn the line?

The Swedish Supreme Court has recently come up with a verdict that’ll work as guidance in sexual abuse cases. The verdict is based on a case where a male teacher have said “oh how big your breasts became now” to his 15-year-old female student during class.

Right before the incident, the student tried on a weightlifting belt by fastening it to the outside of her top. That’s when the teacher commented on the 15-year-old girl’s body. The girl has stated that the comment made her uncomfortable and that she became insecure about how to act around the teacher afterwards. Several students were also present at the time, and in retrospect they say they were shocked by the comment.

The teacher was convicted of sexual abuse in both district court and the court of appeal in Sweden. The conviction was then appealed to the Supreme Court where it was concluded that the comment couldn’t be considered sexual abuse according to law. And so the Supreme Court acquitted the teacher of the charge.

What is sexual abuse?

Sexual abuse as a crime in Sweden is regulated in Chapter 6 § 10 § 2 of the Criminal Code. There, it’s stated that there are two different forms of sexual abuse. On the one hand you can get charged of sexual abuse if you expose yourself to someone in a way that’s meant to cause discomfort. On the other hand you can get charged of sexual abuse if a you, either through words or actions, abuse or molest someone in a way that’s meant to violate the victim’s sexual integrity. The latter form of sexual abuse was what was relevant in the case of the teacher and the 15-year-old girl. The big question was whether the teacher’s comment was meant to violate the girl’s sexual integrity.

Do you need legal help?

Email us: info@kliently.se

Call us: +468-410 05 220

Book a video call in the Kliently app

Intention and experience doesn’t matter in sexual abuse cases

When it comes to sexual abuse in Sweden, the verdict has to be made on objective grounds. So it doesn’t matter what the teacher’s intention was or how the girl experienced the incident. What matters is whether the comment was meant to violate the girl’s sexual integrity. That is, if there was an intention to offend the girl. And that the act has a clear sexual orientation or character.

The verdict from the Supreme Court stated that there were a couple of things important to bear in mind, like:

  • who had carried out the act.
  • who the act was aimed at.
  • in what context it took place.
  • and whether the act otherwise had a sexual purpose.

In this case, the Supreme Court believes that the comment was improper and inappropriate. But that that doesn’t necessarily mean that there was a sexual meaning to it. That’s why they believe there weren’t enough grounds to convict the teacher of sexual abuse.

Why did the Swedish Supreme Court judge differently?

Both the district court and the court of appeal convicted the teacher of sexual abuse. Both verdicts stated that the comment had a clear sexual orientation and character and that it was meant to violate the girl’s sexual integrity. It was also taken into account that the incident took place in school between a teacher and a student. And that there was a clear imbalance of power between them.

The Supreme Court states that a comment about someone’s breasts often can have the sort of sexual orientation or character required to be able to convict someone of sexual abuse. And they agree that the comment was improper and inappropriate. However, they also believe the comment didn’t have a sufficiently clear sexual orientation or character to be able to convict the teacher of sexual abuse.

In this particular case, the Supreme Courts conclusion was that the comment appeared to be a spontaneous reaction to what happened, and that it didn’t have a sexual meaning. That a mere comment about someone’s breasts isn’t enough for a conviction. According to the Supreme Court, it’s instead other circumstances that determine whether such a comment can be regarded as sexual absue or not. And that’s why they acquitted the teacher.

Do men and women judge differently in Swedish courts?

What’s interesting in this case is that women were judging in both the district court and the court of appeal. In the Supreme Court however, the case was judged by a majority of men (four men and one woman). Since the district court and the court of appeal held the man guilty of sexual abuse, while the Supreme Court disagreed, it’s worth asking; do men and women to some extent judge differently in Swedish courts?

This is an interesting question, especially when it comes to sexual crimes where the perpetrator often is a man and the victim often a woman. And especially since the viral snippa-verdict also was judged mainly by men. The one woman who participated in the sentencing made it clear that she didn’t agree with the verdict. And that she thought it was clear what the victim meant when she talked about her genitalia.