The Disability Ombudsman

The office of the Disability Ombudsman is, like that of the other Ombudsmen, a State authority. The Disability Ombudsman monitors the rights and interests of people who have a functional disability. The Ombudsman aims to promote full participation in the life of society and equal living conditions for the disabled. The Ombudsman's work is based on the UN's standard regulations on participation and equality for people who have a functional disability.

The Ombudsman monitors society as a whole, for example: are schools and other public premises accessible to the disabled? Do the municipalities have a policy programme for the disabled?

The studies conducted by the Ombudsman may also relate to the labour market: How many people feel that they have been discriminated against because of their disability? How are the trade unions and employers working to counteract discrimination?
The tasks of the Ombudsman are determined by the Swedish parliament and government. These tasks are stipulated in the Disability Ombudsman Act, the Act Against Discrimination of the Disabled in Working Life, the Equal Treatment of Students at Universities Act, the Statute of Instructions for the Disability Ombudsman and the Statute on the Responsibility of State Authorities for the Implementation of Policy on the Disabled.

The Disability Ombudsman carries out a range of activities together with the other Ombudsmen for human rights. The Disability Ombudsman also monitors the work carried out within the EU, the Council of Europe and the UN.
In 2002, a total of 210 cases of discrimination were reported to the Ombudsman. The most common complaint concerned "the lack of accessibility in the external environment", i.e. the failure to adapt public premises, areas and so on to the needs of the disabled. Many reports also related to working life, followed by complaints about the shortcomings of the transport service for the disabled and the situation in the education system.

Cases normally result in a statement by the Disability Ombudsman. The only cases that can be pursued legally are those relating to working life. In 2002, three of 51 cases went to court and three ended in conciliation. Some of the remaining cases are now closed, some are still open and some are the subject of trade union negotiations.
As in the case of the other Ombudsmen, conciliation is seen as an agreement that gives victims of discrimination redress.

Examples of disabled persons who have received compensation are described below.
A woman who is confined to a wheelchair applied for a job as a social worker. The woman was qualified and had several years of experience. At the job interview, she was asked many questions about her functional disability and the municipality eventually chose to give the post to a lawyer. The woman felt that she had been discriminated against on the grounds of her disability.
She reported the case to the Ombudsman and her trade union, the Swedish Association of Graduates in Social Sciences, Personnel and Public Administration, Economics and Social Work, SSR, decided to take up her case and negotiated on the dispute. A conciliation agreement was reached in which the parties agreed that the woman would be paid damages of SEK 35 000.

A man suffering from visual-impairment who had previously worked as a substitute home help in a municipality in central Sweden was denied work two summers in a row. The man reported this to the Ombudsman as a case of discrimination. The Ombudsman contacted the man's trade union, the Swedish Union of Local Government Officers, SKTF, to ask whether the union wanted to pursue the case. SKTF took up the case and sued the municipality in the Labour Court. A conciliation agreement was reached. The man was awarded SEK 120 000 in compensation by the municipality.

Lars Lööw is the Disability Ombudsman
People who believe that they are being discriminated against in society on the grounds of their disability can consult the Disability Ombudsman or report the case in writing by mail or e-mail:
Disability Ombudsman
Box 49132
109 29 Stockholm
Tel: 08-20 17 70
Texttel: 08-21 39 39
Fax: 08-20 43 53
E-mail: info@ho.se
www.ho.se