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Eng 1:1 ‘So,who’s gonna be the husband this time?’ - beyond passing equality legislation Hans Ytterberg Ombudsman against Sexual Orientation Discrimination.

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Presentation on theme: "Eng 1:1 ‘So,who’s gonna be the husband this time?’ - beyond passing equality legislation Hans Ytterberg Ombudsman against Sexual Orientation Discrimination."— Presentation transcript:

1 Eng 1:1 ‘So,who’s gonna be the husband this time?’ - beyond passing equality legislation Hans Ytterberg Ombudsman against Sexual Orientation Discrimination

2 Eng 1:2 Beyond equality law Correct implementation  Courts of Law  Government agencies Adaptation of administrative forms etc (’red tape’) Special measures to achieve substantive equality

3 Eng 1:3 Correct implementation - courts of law Second parent adoption (two cases) District Court: ’[X and Y] have not availed themselves of [assisted procreation in Sweden in accordance with the Swedish legislation] but have chosen IVF treatment abroad, resulting in the sperm donor remaining anonymous. [… …] The application for adoption forms part of a procedure aiming at creating the same legal effects as an IVF treatment carried out in Sweden, with the only difference that [the child] thus is depraved of its right to information about its biological origin. The Court finds it unacceptable that the adoption procedure is used to circumvent this fundamental right of the child. The advantages that the adoption may bring to [the child], nevertheless does not motivate an approval of the application. The application for adoption is therefor denied.’ Court of appeal: ’[A] so called second parent adoption can be to the advantage of a child. This is so particularly when the paternity has not been determined or when the child has been adopted by a single person. Also a child of a registered partner may need this form of security. The reasons in favour of second parent adoptions are just as valid for registered partners as for married spouses. [… …] The ties between [Y] and [the child] is strong and the relationship between them is like between parents and their children. [X] has agreed to the adoption, as has the social welfare authorities, which consider it to be in the best interest of [the child]. [… …]. The Court grants [X:s] application to adopt [the child].’

4 Eng 1:4 Correct implementation - government agencies Sexual orientation discrimination in health care is prohibited by law Assisted procretation is health care Lesbian couples have to pay - heterosexual couples don’t  ’It is not a medical problem for same-sex couples’ Only one of the partners is eligible for treatment  ’The rule applies equally to different-sex couples’ Both partners must not already have a child  ’Social parenthood’ counts to exclude lesbian couples

5 Eng 1:5 Adapt ’red tape’ to reality ’So, who’s gonna be the husband this time?’ Income tax return forms Social welfare application forms Parental leave remuneration forms Public inquests and opinion polls Census Husband’s/Man’s Income ---> Income of first applicant Wife’s/Woman’s Income ---> Income of second applicant

6 Eng 1:6 Sexual orientation discrimination in health care is prohibited by law - special measures for substantive equality ’Rainbow Project’ ’Mama Mia’ maternity clinic + Danderyd’s Hospital  LGB-families project for 20 years (not exclusively) Advertise towards LGB community Specially trained staff Openly lesbian staff Peer group meetings Preparatory visits to maternity ward at Danderyd’s hospital Guaranteed access to this maternity ward at time of birth

7 Eng 1:7 Sexual orientation discrimination in health care is prohibited by law - special measures for substantive equality ’Rainbow Children’ - City of Stockholm pre-school project  Prevent prejudice and bullying against children in same- sex families  Promote openness and inclusion also in pedagogical activities  Prepare for better equal treatment plans Questionaires to parents of rainbow children Workshops and seminars for Staff Parents Experts Theatre performances Lectures


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