| 1. |
- Gunnarsson, Åsa, 1958-, et al.
(author)
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Sweden: From proactive policies to anti-discrimination law
- 2023
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In: Nordic Equality and Anti-Discrimination Laws in the Throes of Change Legal developments in Sweden, Finland, Norway, and Iceland. - London : Routledge. - 9781032001258 - 9781003172840
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Book chapter (peer-reviewed)abstract
- A shift from politics to law, inefficient enforcement tools, and dislodgment from action to information as well as criticism of gender equality from various angles have all had an impact on the law’s ability to contribute to the achievement of gender equality in Sweden. It is not primarily through anti-discrimination legislation and litigation that gender equality has been achieved in Sweden, and such an approach will probably not be the main strategy in the future. Still, we have to continue to improve the protection provided to victims of individual discrimination and harassment. The Swedish case shows how the individual’s right to access to justice can be undermined in a context where state bodies – such as the Ombudsman – are given wide discretionary powers to promote equality as a collective public interest.
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| 2. |
- Hellum, Anne, et al.
(author)
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Introduction: Nordic equality and anti-discrimination laws in the throes of change
- 2023
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In: Nordic Equality and Anti-Discrimination Laws in the Throes of Change Legal developments in Sweden, Finland, Norway, and Iceland. - London : Routledge. - 9781032001258 - 9781003172840
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Book chapter (peer-reviewed)abstract
- This book provides insights into the drive to achieve substantive gender equality in four Nordic countries: Finland, Iceland, Norway and Sweden. It draws a diverse and complex picture of the long, uneven, and unfinished process towards that goal. These countries’ systematic use of a combination of political and legal instruments has been described as the Nordic gender equality model. The overall aim of such an approach is to achieve substantive equality through a variety of measures that go beyond formal equality. Laws and policies on gender equality vary with the political, social and legal context in each of the Nordic countries, but the Nordic gender equality model may be understood as consisting of three key components. The first is an overarching gender equality policy. The second is welfare legislation that has an explicit or implicit impact on gender relations. The third component is what we refer to as ‘gender equality and anti-discrimination law regimes’: laws that prohibit gender discrimination and promote gender equality through proactive measures, in combination with low-threshold enforcement systems.
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| 3. |
- Kenyon, Andrew T., et al.
(author)
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Selling short media accountability? The importance of addressing market-driven claims on media freedom
- 2019
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In: Media Accountability in the Era of Post-Truth Politics European Challenges and Perspectives, 1st Edition. - London; New York: Routledge, 2019. | Series: Routledge studies in European communication research and education; 14 : Routledge. - 9780815361671 ; , s. 119-134
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Book chapter (peer-reviewed)abstract
- Media accountability is an important building block in the democratic rationale for free speech. The value of media accountability for free speech is two-fold. The most addressed value in the media studies literature concerns media’s ability to be accountable in relation to their stakeholders (von Krogh 2012, Fengler et al. 2014, Bardoel & D´Haenens 2004, Bertrand 2000, McQuail 1997). Another value is media’s obligation to seek to hold the powerful to account (e.g. Kenyon et al. forthcoming 2016). The former relates to the trustworthy-ness of the media; the latter invokes perhaps more directly the democratic function of journalism. This paper explores the idea that these two aspects of media accountability should be addressed together, using the example of advertising and editorial content in contemporary media. This broader approach to media accountability clearly involves both self-regulation and legislation—and not self-regulation as merely an alternative to legislation or a method of avoiding legislation. The two techniques operate on somewhat distinct areas, and together they aim to support the values of media accountability for a democratic and free media.
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| 4. |
- Svensson, Eva-Maria, 1958
(author)
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Feministisk rettsfilosofi
- 2022
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In: Kjønn og rett: Kvinne-, kjønns- og likestillingsperspektiver i jusstudiet. - Oslo : Cappelen Damm Akademisk. - 9788202767051
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Book chapter (peer-reviewed)abstract
- Feministisk rettsfilosofi har sammen med andre kritiske teorier bidratt til å utvide faget rettsfilosofi ved å stille andre og flere spørsmål enn det tid- ligere rettsfilosofiske posisjoner har gjort, og ved å utfordre visse grunn - leggende antakelser, for eksempel om rettssubjektets natur og om retten som et lukket system, men også om de grensene som er satt for hva som omfattes av faget rettsfilosofi. Den feministiske rettsfilosofien søker ikke etter abstrakte definisjoner av retten og dens begreper, men strever etter å løse opp skillet mellom teori og praksis. Den ligger dermed ofte nært det som pleier å kalles anvendt rettsfilosofi, der teoretiske perspektiver bru - kes på spesifikke rettsområder eller rettslige spørsmål, og rettssosiologi, der konsekvensene av en viss rettslig konstruksjon studeres. Dessuten har synet på den nære koblingen mellom teori og praksis synliggjort at påvirkning også skjer i motsatt retning, slik at rettsfilosofien påvirkes av praksis. Nye begreper er utviklet for å forstå og forklare hvordan retten er formet, ut fra et bestemt perspektiv. Interaksjonen er fortsatt viktig for at feministisk rettsfilosofi skal fortsette å være et dynamisk kunnskapsfelt som utvikler seg i takt med, eller til og med forut for, sin samtid.
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| 5. |
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| 6. |
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| 7. |
- Svensson, Eva-Maria, 1958, et al.
(author)
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The Paths Made by Our Scholarly Walk
- 2023
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In: Hellums metode. Festskrift till Anne Hellum 70 år. - Oslo : Gyldendal Akademisk. - 9788205582859
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Book chapter (peer-reviewed)abstract
- The experience-based everyday life perspective is a basic approach in feminist legal studies. In this tradition, Anne Hellum is an excellent role model, as she has personified and lived this scholarly tradition. In this chapter, we have paraphrased the subtitle of her book Human Rights, Plural Legalities and Gendered Realities, Paths Are Made by Walking, as this grounded approach inspires us to regard our academic professional experiences as a journey and to reflect on these experiences as a source of knowledge. We use ‘scholarly walk’ as a means to address the interaction between abstraction and concretion, meaning that theory and practice depend on and impact each other. Our site is the academia, and we’ll focus on certain defining moments, potential paths to take when coming to crossroads, the contribution to knowledge development and network building, the impact outside academia and the position as an outsider, in order to conclude with some recommendations from our collected walk of academic experiences.
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| 8. |
- Svensson, Eva-Maria, 1958, et al.
(author)
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Distanciation and inequalities in the Finnish and Swedish monitoring of elder care housing in Arctic communities
- 2023
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In: Distance, Equity and Older People’s Experiences in the Nordic Periphery Centering the Local. Edited By Shahnaj Begum, Joan R. Harbison, Päivi Naskali, Minna Zechner. - London, UK : Routledge. - 9781032248301
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Book chapter (peer-reviewed)abstract
- The Finnish and Swedish legislation on elder care housing aims at empowering and promoting the capability of older persons. In this chapter, the regional monitoring of such elder care housing is studied. The broad context is the Nordic welfare model, in recent years transformed into what is now called New Public Management. We ask how the governmental bodies in the Northern region monitor elder care housing and how they react to information and complaints from various stakeholders regarding the housing services. To accomplish this, we apply Therborn’s mechanisms of producing inequalities and how they hinder capability as a theoretical analytical tool by specifically examining the mechanisms of distanciation and exclusion. We then use it to illustrate the monitoring process and analyze the data. Based on a limited number of informal and formal complaints filed at the monitoring bodies (AVI and IVO), we raise concerns about inequalities and distanciation mechanisms that may be the result of a monitoring system that relies on presumed individual capabilities that are not always present. As not everyone has the capability to make a complaint, a system that places the right and the responsibility to complain on an individual level may lead to winners and losers.
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| 9. |
- Svensson, Eva-Maria, 1958
(author)
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Gender justice
- 2016
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In: The Wiley Blackwell Encyclopedia of Gender and Sexuality Studies. - Singapore : John Wiley & Sons, Ltd.. - 9781405196949
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Book chapter (peer-reviewed)abstract
- Gender justice is a multifaceted concept, mostly related to the view on men and women as valued equally and the statement that men and women should be treated equally. Much of the rhetoric, policy, legislation, practical action, and theoretical perspective on gender justice is anchored in a human rights framework. Theoretical presumptions on both gender and justice impact the understanding of what gender justice is or should be, and how gender justice can or should be reached. Scholars within gender studies have analyzed and questioned these presumptions, as well as the political and legal manifestations of gender justice, and reflected on the many ways of understanding gender justice. The different ways of understanding gender justice can be structured around two main aspects, gender justice as a question of identity and recognition, and gender justice as a question of rights and responsibilities and of distribution of these between men and women.
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| 10. |
- Svensson, Eva-Maria, 1958, et al.
(author)
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The Capabilities Approach and the Concept of Self-Determination, Legal Competence and Human Dignity in the Social Services for Older People
- 2022
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In: A Multidisciplinary Approach to Capability in Age and Ageing. - New York : Springer. - 9783030780630 ; , s. 175-189
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Book chapter (peer-reviewed)abstract
- In this chapter, the tension between self-determination and human dignity in the Swedish legal system of social care for older people is analysed with help of the capabilities approach. The core focus of this approach is the individual person’s capability to make decisions. Also important is a supportive societal system that enables the realisation of self-determination, specifically for individuals who are not fully capable of making arrangements for themselves. The capabilities approach emphasises the responsibility of the State and can be used to analyse the impact of legal and political obligations for nation-states, and to balance the increased focus on self-determination and the quest for increased capabilities among older people. In the context of a dismantled welfare state, a one-sided focus on individual autonomy might turn out to be a double-edged sword, leaving the individual with self-determination but no (or insufficient) available care to decide about. In this chapter, the underlying principles of practical decisions are theoretically explored and reflected upon. Of specific relevance is human dignity (in addition to enhancing individual freedom), normativity (a set of fundamental capabilities is identified) and the central role of the nation-state (as the responsible political subject for the achievement of minimum thresholds for all capabilities).
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