The overall objective of this project is to determine the conditions for obtaining judicial protection against violations of the right to equal treatment under Swedish and EU procedural law. While the legal protection against discrimination is steadily expanded, the court procedures through which individuals may seek to enforce those rights remain largely overlooked. Traditional principles of civil procedure, such as party autonomy and judicial passivity, are not well suited for disputes concerning unlawful discrimination, considering the structural imbalance between the parties and the fact that the victim is often more interested in moral redress rather than monetary compensation.

This project analyses Swedish and EU civil procedural rules applicable in non-discrimination cases. It focuses on three issues of particular importance: first, the persons or interest groups who are entitled to bring an action on behalf of the victims of unlawful discrimination and under what conditions the actions may be brought; second, the evidence needed to establish a case of unlawful discrimination; and third, the courts’ responsibility to ensure the proper conduct of the procedure and a correct outcome on the merits of the case. Upon successful completion, the project will establish how the procedure in discrimination cases is to be conducted and identify, if applicable, areas in need of reform.