Foreigners

Foreigners in Europe

Foreigners in Sweden

Under Chapter 2, with the heading “Fundamental rights and freedoms,” of the Instrument of Government (part of the Swedish Constitution), Article 22 provides the following: A foreign national within the Realm is equated with a Swedish citizen in respect of 1. protection against coercion to participate in a meeting for the formation of opinion or a demonstration or other manifestation of opinion, or to belong to a religious community or other association (Article 2, sentence two); 2. protection of personal integrity in connection with automatic data processing (Article 3, paragraph two); 3. protection against capital punishment, corporal punishment and torture, and against medical influence aimed at extorting or suppressing statements (Articles 4 and 5); 4. the right to have a deprivation of liberty on account of a criminal act or on suspicion of having committed such an act examined before a court of law (Article 9, paragraphs one and three); 5. protection against retroactive penal sanctions and other retroactive legal effects of criminal acts, and against retroactive taxes or charges due the State (Article 10); 6. protection against the establishment of a court of law for a particular case (Article 11, paragraph one); 7. protection against unfavourable treatment on grounds of race, colour or ethnic origin, or on grounds of gender (Articles 15 and 16); 8. the right to industrial action (Article 17); 9. protection against expropriation or other such disposition and against restriction of the use of land or buildings (Article 18); 10. the right to an education (Article 21). Unless it follows otherwise from special provisions of law, a foreign national within the Realm is equated with a Swedish citizen also in respect of 1. freedom of expression, freedom of information, freedom of assembly, freedom to demonstrate, freedom of association and freedom of worship (Article 1); 2. protection against coercion to divulge an opinion (Article 2, sentence one); 3. protection against physical violations also in cases other than cases under Articles 4 and 5, against body searches, house searches and other such invasions of privacy, and against violations of confidential communications (Article 6); 4. protection against deprivation of liberty (Article 8, sentence one); 5. the right to have a deprivation of liberty other than a deprivation of liberty on account of a criminal act or on suspicion of having committed such an act examined before a court of law (Article 9, paragraphs two and three); 6. public court proceedings (Article 11, paragraph two); 7. protection against interventions on grounds of opinion (Article 12, paragraph two, sentence three); 8. authors’, artists’ and photographers’ rights to their works (Article 19); 9. the right to trade or practise a profession (Article 20). The provisions of Article 12, paragraph three; paragraph four, sentence one; and paragraph five shall apply with respect to the special provisions of law referred to in paragraph two. The Instrument of Government (SFS nr: 1974:152) contains the basic principles of Swedens form of government: how the Government in Sweden has to work, the fundamental freedoms and rights of the Swedish people and how elections to the Riksdag (Swedish parliament) are to be implemented. The adoption in 1974 of the Instrument of Government currently in force, including the provisions related to foreigners, meant a considerable reduction in the powers of the monarchy.

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