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Sweden
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Sweden are found in the 2020 Criminal Code, which addresses unlawful coercion, or exploitation of another person’s vulnerable situation, to induce another person to enter into a marriage at Article 4C, with a potential penalty of imprisonment for at most four years. The 2020 Criminal Code also addresses inducing, by deception, another person to travel to another state for forced marriage at Article 4d, with a potential penalty of imprisonment for at most two years.
Consent to marriage
There appears to be no legislation in Sweden that requires consent to marriage.
Servile marriage
There appears to be no legislation in Sweden that prohibits servile matrimonial transactions.
Marriage trafficking
Although legislation in Sweden does not prohibit marriage trafficking as such, it does prohibit deception for marriage under article 4(d) of the Criminal Code 2020, with a potential penalty of with imprisonment for at most two years.
Minimum age for marriage
The minimum age for marriage in Sweden is 18, without differentiation of gender, as set out on Article 1 of the 2011 Marriage Code. However, marriages below the minimum age are permitted for special reason and with the permission of the authorities, as set out on Article 1 of the 2011 Marriage Code.
Region
Western Europe and Others
Regional Court
European Court of Human Rights
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Marriage Trafficking
Regional Organisations
- European Court of Human Rights
- Organanisation for Economic Cooperation and Development
- Organisation for Security and Cooperation in Europe
- European Union
- Council of Europe
Legislative Provisions
CONSTITUTION 1974 (REV. 2012)
The Instrument of Government
Article 2
Public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the individual. The personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. In particular, the public institutions shall secure the right to employment, housing and education, and shall promote social care and social security, as well as favourable conditions for good health.
Chapter 2. Fundamental rights and freedoms
Article 8
Everyone shall be protected in their relations with the public institutions against deprivations of personal liberty. All Swedish citizens shall also in other respects be guaranteed freedom of movement within the Realm and freedom to depart the Realm.
PENAL CODE
Chapter 4
Section 2 A person who, in cases other than those stated in
Section 1, kidnaps or confines someone or in some other way deprives him or her of liberty, shall be sentenced for unlawful deprivation of liberty to imprisonment for at least one and at most ten years. If the crime is of a less serious nature, a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)Chapter 4
Section 3 A person who otherwise than as stated in
Section 1 or 2, by unlawful coercion or deceit, causes the entry of someone into military or work service or other similar condition of restraint or induces someone to go or remain in a place abroad where he or she may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress, shall be sentenced for placing a person in a distressful situation to imprisonment for at least one and at most ten years. If the crime is of a less serious nature, a fine or imprisonment for at most two years shall be imposed. (Law 1998:393) Chapter 4
Section 10 Attempt, preparation or conspiracy to commit kidnapping, unlawful deprivation of liberty or placing a person in a distressful situation, and any failure to reveal such crimes, shall be adjudged in accordance with the provisions of Chapter 23. The same shall apply to an attempt or preparation to commit unlawful coercion of a serious nature or breach of data secrecy, which if it had been completed, could not be considered petty. (Law 1998:206)
Chapter 4 Crimes against liberty and peace
Section 1
A person who seizes and carries off or confines a child or some other person with intent to injure him or her in body or health or to force him or her into service, or to practise extortion, shall be sentenced for kidnapping to imprisonment for a fixed period of at least four and at most ten years, or for life. If the crime is of a less serious nature, imprisonment for at most six years shall be imposed. (Law 1998:393)
Section 1A.
Anyone who, in cases other than those referred to in § 1, through coercion, deception, exploitation of anyone’s vulnerable situation or other such improper means recruiting, transporting, transferring, harboring or receiving a person in order that he or she will be exploited for sexual purposes, the removal of organs, military service, forced labor or other activities in a situation of distress for the victim, convicted of trafficking to imprisonment for between two and ten years. (Law 2009:396)
Section 2
A person who, in cases other than those stated in Section 1, kidnaps or confines someone or in some other way deprives him or her of liberty, shall be sentenced for unlawful deprivation of liberty to imprisonment for at least one and at most ten years. If the crime is of a less serious nature, a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)
Section 3
A person who otherwise than as stated in Section 1 or 2, by unlawful coercion or deceit, causes the entry of someone into military or work service or other similar condition of restraint or induces someone to go or remain in a place abroad where he or she may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress, shall be sentenced for placing a person in a distressful situation to imprisonment for at least one and at most ten years. If the crime is of a less serious nature , a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)
Section 4
A person who, by assault or otherwise by force or by threat of a criminal act, compels another to do, submit to or omit to do something, shall be sentenced for unlawful coercion to a fine or imprisonment for at most two years. Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give detrimental information about another, shall also be sentenced for unlawful coercion, provided that the coercion is wrongful. If the crime referred to in the first, paragraph is gross, imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross special consideration shall be given to whether the act included the infliction of pain to force a confession, or other torture.
Chapter 6. On sexual crimes
Section 8
A person who promotes or improperly financially exploits the casual sexual relations for payment of another person shall be sentenced for procuring to imprisonment for at most four years. A person who, holding the right to the use of premises, grants the right to use them to another in the knowledge that the premises are wholly or to a substantial extent used for casual sexual relations for payment and omits to do what can reasonably be expected to terminate the granted right, he or she shall, if the activity continues or is resumed at the premises, be considered to have promoted the activity and shall be sentenced in accordance with the first, paragraph. (Law 1998:393)
ANTI-TRAFFICKING LAW 2002
Note: prohibits sex trafficking and forced labour and prescribes penalties of two to 10 years’ imprisonment
CRIMINAL CODE 2020
Chapter 4 – On offences against liberty and peace
Section 1
A person who seizes and carries off or confines a child or some other person with intent to injure him or her in body or health or to force him or her into service, or to practise extortion, shall be sentenced for kidnapping to imprisonment for a fixed period of at least four and at most ten years, or for life. If the crime is of a less serious nature, imprisonment for at most six years shall be imposed. (Law 1998:393)
Section 1a
A person who, in cases other than those referred to in Section 1, by:
- unlawful coercion;
- deception;
- exploitation of another person’s vulnerable situation that severely restricts that person’s alternatives; or
- other such improper means that severely restrict another person’s alternatives, recruits, transports, transfers, harbours or receives a person in order for that person to be exploited for sexual purposes, the removal of organs, military service, forced labour or some other activity in a situation that involves distress for that personis guilty of trafficking in human beings and is sentenced to imprisonment for at least two and at most ten years. A person who commits an act referred to in the first paragraph against a person who has not attained eighteen years of age is guilty of trafficking in human beings even if none of the improper means described in that paragraph was used. This also applies if the person who commits such an act did not have intent but was negligent regarding the circumstance that the other person had not attained eighteen years of age. If an offence referred to in the first or second paragraph is less serious, the sentence is imprisonment for at least six months and at most four years. Act 2018:601.
Section 1b
A person who, in cases other than those referred to in Section 1 or 1a, by unlawful coercion, deception or exploitation of another person’s position of dependence, defencelessness or difficult situation, exploits another person in forced labour, labour under clearly unreasonable conditions or begging is guilty of human exploitation and is sentenced to imprisonment for at most four years.
A person who commits an act referred to in the first paragraph against a person who has not attained eighteen years of age is held responsible even if no unlawful coercion, deception or exploitation of another person’s position of dependence, defencelessness or difficult situation took place. This also applies if the person who commits such an act did not have intent but was negligent regarding the circumstance that the other person had not attained eighteen years of age.
If an offence referred to in the first or second paragraph is considered gross, the person is guilty of gross human exploitation and is sentenced to imprisonment for at least two and at most ten years. When assessing whether the offence is gross, particular consideration is given to whether the act concerned large-scale activities, resulted in considerable gain, or involved particularly ruthless exploitation of another person. Act 2018:601.
Section 2
A person who, in cases other than those stated in Section 1, kidnaps or confines someone or in some other way deprives him or her of liberty, shall be sentenced for unlawful deprivation of liberty to imprisonment for at least one and at most ten years. If the crime is of a less serious nature, a fine or imprisonment for at most two years shall be imposed. (Law 1998:393)
Section 8
A person who unlawfully obtains access to a communication being conveyed by a postal or telecommunications company as an item of post or in an electronic communications network is guilty of breach of postal or telecommunications secrecy and is sentenced to a fine or imprisonment for at most two years. Act 2012:280
PENAL CODE 2020
Chapter 4 – On offences against liberty and peace
Section 4
A person who, by assault or otherwise by force or by threat of a criminal act, compels another to do, submit to or omit to do something, shall be sentenced for unlawful coercion to a fine or imprisonment for at most two years. Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give detrimental information about another, shall also be sentenced for unlawful coercion, provided that the coercion is wrongful. If the crime referred to in the first, paragraph is gross, imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross special consideration shall be given to whether the act included the infliction of pain to force a confession, or other torture.
Section 4c
A person who, by unlawful coercion, or by exploitation of another person’s vulnerable situation, induces another person to enter into a marriage that is valid in the state where it is entered into, in the state under whose laws it is entered into, or in a state in which at least one of the spouses is a citizen or is habitually resident is guilty of coercion to marry and is sentenced to imprisonment for at most four years.
This also applies to a person who, in a way referred to in the first paragraph, induces another person to enter into a relationship similar to marriage if it is entered into under rules that apply within a group and that:
1. mean that the parties are regarded as spouses and are deemed to have rights and obligations in relation to one another; and
2. include the question of the dissolution of the relationship. Act 2014:381.
Section 4d
A person who, by deception, induces another person to travel to another state than the state where the person is living in order for that person to be induced by unlawful coercion or exploitation of their vulnerable situation to enter into a marriage or relationship similar to marriage referred to in Section 4c is guilty of deception for the purpose of forced marriage abroad and is sentenced to imprisonment for at most two years. Act 2014:381.
Section 10
Responsibility is assigned under Chapter 23 [On attempts, preparation, conspiracy and complicity] for attempting, preparation or conspiracy to commit kidnapping, trafficking in human beings, gross human exploitation or unlawful deprivation of liberty and for failure to disclose or prevent such an offence. This also applies to attempting, preparation or conspiracy to commit human exploitation, gross unlawful coercion, coercion to marry or making a gross unlawful threat, and to attempting or preparation to commit breach of data security that, if completed, would not have been considered minor, or gross breach of data security. Act 2018:601.
Chapter 23 – On attempts, preparation, conspiracy and complicity
Section 1
A person who has begun to commit a particular offence without it having been brought to completion is, in cases specifically prescribed, guilty of attempting to commit the offence, provided that there was a danger that the action would lead to the completion of the offence or such a danger was only precluded because of chance circumstances.
The penalty for an attempted offence is set at no more than what is applicable to the completed offence, and may not be set at less than imprisonment if the minimum penalty for the completed offence is imprison-ment for two years or more.
Section 2
A person who, with the intention of committing or promoting an offence:
1. receives or gives money or anything else as payment for an offence or to cover the costs of committing an offence; or
2. procures, produces, gives, receives, keeps, transports, assembles or similarly handles anything that is particularly liable to be used as an instrumentality of an offence, is, in cases specifically provided for, guilty of preparation of the offence, unless they are guilty of a completed offence or an attempted offence.
In cases specifically provided for, a person is guilty of conspiracy to commit an offence. ‘Conspiracy’ means that a person decides on the act in concert with another person, or that a person tries to instigate another person to commit it, or undertakes or offers to commit it.
The penalty for preparation or conspiracy is set at less than the highest limit applicable to the completed offence, and may be set at less than the lowest limit. A more severe penalty than imprisonment for two years may only be set if the completed offence can result in imprison-ment for six or more years.
If the danger of the offence being completed was minor or the act was of a less serious nature in view of other circumstances, the person is not held responsible. Act 2016:508
MARRIAGE CODE 1987, AMENDED 2011
Chapter 2. Impediment
§ 1
A person under 18 can not marry without the permission of the authorities specified in Chapter 15. § 1 . Permission may be granted only if there are special reasons. Act ( 2004:142 ).