European Court of Human Rights Reviews Sweden Democrats Member's Union Exclusion Case

The European Court of Human Rights (ECHR) has taken up a significant case concerning the exclusion of a Sweden Democrats (SD) politician by the Transport Workers’ Union. This case challenges Sweden's stance on freedom of association, questioning whether the state's actions violated this right under Article 11 of the European Convention on Human Rights.

In October 2023, after the Swedish Supreme Court declined to review the exclusion case, the Transport Workers’ Union submitted a complaint to the ECHR. The refusal meant that the lower courts’ rulings, including one from the Stockholm District Court and the Court of Appeal, remained in place, ruling the exclusion invalid. The union alleges that the Swedish state interfered with their right to determine membership, arguing that their members’ freedom of association was infringed upon. Lars Mikaelsson, representing the union, stressed that the matter extends beyond their organization, highlighting broader concerns about threats to freedom of association in Sweden.

The Supreme Court had found no sufficient grounds to revisit the case, citing a lack of relevant precedents since the 1940s. The Court of Appeal’s ruling affirms that political activists affiliated with the Sweden Democrats cannot be excluded solely due to claims of incompatibility with the union’s values.

The ECHR deals with tens of thousands of cases annually, many relating to freedom of association and fair trial rights, often resulting in extended waiting times for decisions. This development marks a critical judicial examination of Sweden’s approach to political exclusions in unions, emphasizing the continuing debate over political freedoms and association rights within the country.