Act on the Institute for Human Rights

Mandate

Section 1

The Swedish Institute for Human Rights shall promote the safeguarding of human rights in Sweden, based on

1. the Swedish Instrument of Government, the Freedom of the Press Act, and the Fundamental Law on Freedom of Expression,
2. the European Convention for the Protection of Human Rights and Fundamental Freedoms,
3. the Charter of Fundamental Rights of the European Union, and
4. other obligations in the field of human rights binding on Sweden according to international law.

The Institute shall fulfil the functions of an independent national mechanism under Article 33(2) of the Convention on the Rights of Persons with Disabilities.

Section 2

In particular, the Institute shall

1. follow, investigate, and report on how human rights are respected and implemented in Sweden,
2. submit proposals to the Government on the measures needed to ensure human rights,
3. liaise with international organisations and otherwise engage in international cooperation, and
4. promote education, research, development of expertise, dissemination of information and awarenessraising in the field of human rights.

The Institute may propose to the Government that Sweden’s obligations under international law within the field of human rights be expanded.

The Institute will not handle complaints from individuals concerning violations of human rights.

Section 3

Not later than by 1 April each year, the Institute shall submit a report to the Government on its activities and its observations relating to developments in the field of human rights during the previous calendar year.

Section 4

Within the limits of its [mandate][functions], the Institute will decide on its organisation and on the details and focus of its work.

Leadership, appointments and tasks

Section 5

The Institute is lead by a Board.

Section 6

The Director is the head of the agency and shall be [appointed]for a term of six years. The post shall be advertised and filled following an application procedure. The Director shall have experience of qualified work in the field of human rights.

Section 7

The Board shall be composed of the Director and seven other members. The other members shall be appointed by the Government for a period of five years. The Board shall elect a Chair and Vice Chair from among the members appointed by the Government.

The Government may dismiss a member prematurely only at the member's request or if there are exceptional circumstances. If a member's term of office ends prematurely, a new member shall be appointed for the remainder of the term.

Section 8

The Board shall include members with expertise in the field of human rights and experience of qualified work in the following areas of activity:

1. civil society,
2. he judicial system and legal practice as advocates, an
3. academic research and higher education.
   

For each of the areas of activity, there shall be two members with experience within the field.

The Government shall request proposals for members from

1. the Institute's Advisory Council,
2. the Swedish Bar Association, and
3. universities and university colleges.

Section 9

A person who has been a member of the Institute's Board or employed as Director under Section 6 may not be appointed as a member of the Board or employed as Director earlier than five years after the termination of the appointment or employment.

Advisory body

Section 10

The Institute shall have a Council. The Council shall provide advice and support by bringing to the Institute knowledge and experience from the human rights activities of civil society organisations and other actors.

The Council is appointed by the Board. The Council shall have a broad composition and shall consist of at least ten members. Organisations representing persons with disabilities shall be represented on the Advisory Council.

Information from government authorities, municipalities and regions

Section 11

State administrative authorities, municipalities and regions shall, at the request of the Institute, provide information on the measures taken within their own activities to ensure human rights.

This obligation does not apply to quasi-judicial tribunals or bodies of administrative authorities with quasi-judicial functions.

Nor does the obligation apply to the Office of the Chancellor of Justice, the Parliamentary Ombudsmen or the Swedish National Audit Office.
Act (2022:1053).

Transitional provisions

2021:642

1. This Act shall enter into force on 1 October 2021 in respect of Sections 5, 7 and 8 and otherwise on 1 January 2022.
2. The first time Board members are to be appointed, two members shall be appointed for a term of three years, two members for a term of four years, and three members for a term of five years. The two Board members who have experience of qualified work in civil society shall be appointed for a term of three years.
3. The provisions of Section 8, Para. 3, Item 1 shall not apply to the first appointment of members of the Board.