Published 19 November 2024 at 15.10
Domestic. To automatically exclude a person with an autism spectrum diagnosis from the possibility of being tried for conscription is discrimination. It appears from a judgment from the Stockholm District Court.
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It was in November 2022 that DO filed the lawsuit against the Armed Forces.
According to the DO, it was a matter of “direct discrimination related to disability” when there was no individual assessment of a person's suitability to undergo basic military training with conscription. DO considered that the man was excluded solely because of his autism spectrum diagnosis.
“Modern research shows that autism spectrum diagnoses change over time and that some people do not retain the impairment that existed when the diagnosis was made,” writes DO in a press release .
According to DO, the person in question has been discriminated against by missing out on the opportunity to be tested and assessed on the same terms as other applicants. By extension, he is also considered to have been excluded from part of the state labor market.
Today came the district court's verdict. According to the district court, the man has been disadvantaged by not being assessed based on his individual circumstances and actual suitability. According to the judgment, there is also a clear connection between the unfavorable treatment and the disability.
– This is a clear and important judgment that will have great significance for many people with disabilities. It shows the importance of looking after a person's individual circumstances and makes it clear that generalizing assessments lead to discrimination, says discrimination ombudsman Lars Arrhenius in a statement.
He continues:
– What I think is particularly important is what the district court writes in the judgment about the state's responsibility and the standardized selection process that the Armed Forces have used. It means that the discrimination has taken place systematically.
The District Court orders the Armed Forces to pay SEK 45,000 in discrimination compensation to the man. The judgment has not yet gained legal force.