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Critical Race Theory och Queer Legal Studies i en svensk kontext : Regeringsformen 2 kap. 12 § – Ras och Sexuell läggning / Critical Race Theory and Queer Legal Studies in a Swedish context

  • Gustafsson, Agnes
Publication Date
Jan 01, 2024
DiVA - Academic Archive On-line
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This essay examines the theories of Critical Race Theory (CRT) and Queer Legal Studies (QLS). CRT scholars argue that racism is not simply the product of individual prejudice but is also embedded in the legal system and other institutions. QLS scholars argue that LGBTQ+ people are subject to discrimination on the basis of their sexual orientation and gender identity, and that the law must be reformed to protect their rights. The first part provides a theoretical and historical background to the theories. The second part presents an empirical study of the theories' impact on Swedish law. The third part analyzes the Swedish constitutional provision on discrimination RF 2:12, with a focus on race and sexual orientation. The fourth part provides a practical analysis of Swedish court cases using the theories' methods. The fifth and final part discusses the theories' potential for the future of Swedish law. The Swedish development of anti-discrimination legislation can be understood through Hübinette and Lundström's periodization of Swedish race relations and proposes a future period of "White Understanding" and argues that the Swedish self-image is still influenced by the politics of the 20th century. The essay finds that the shame of the racist policies of the past has influenced the language of Swedish legislation. More importantly, the essay finds that the interests of the state have been prioritized over the interests of minorities. The empirical study found that the theories have had little impact on Swedish legal sources. However, the theories had a brief period of increased influence between 2004 and 2008. It also found that the theories have had some influence on the Swedish Supreme Court, as evidenced by the cases of Skattefjällsdomen and Girjasdomen.

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