Rasismens subtila ansikte : En analys av ras-/etnisk profilering, regleringen om säkerhetszoner och konsekvenserna av ”hårdare tag” i rättsstaten Sverige

Sammanfattning

In the spring of 2024, a new regulation was introduced in Sweden that makes it possible to establish security zones, previously referred to as stop and search zones. This thesis examines the compatibility of security zones with key principles of the rule of law and human rights in light of the prevalence of racial/ethnic profiling. The study sheds light on both the legal and societal consequences that security zones and racial/ethnic profiling may entail. The paper applies a legal method, combined with two theories concerning structural racism and stigma. The interdisciplinary approach has proven crucial to enable a contextual analysis of security zones and racial/ethnic profiling, as well as to achieve a deeper understanding of the legal issues involved. The study identifies a gap in addressing racist actions in Sweden, resulting in weak protection against discrimination, particularly in the context of police law enforcement. Failure to acknowledge and take action against racial/ethnic profiling contravenes Sweden's international human rights obligations. Furthermore, a limited ability to address racism risks legitimizing serious restrictions on human rights and the rule of law, with the regulation of security zones serving as an example. The thesis suggests an increased interdisciplinary approach within the field of law, a well-balanced proportionality assessment, and a more comprehensive focus on the potential consequences of human rights restrictions. It also proposes an extension of the Swedish Discrimination Act to include protection against discriminatory actions by the police, and the establishment of an independent body to oversee the Police Authority.