Abstract

One of the major focuses of European Union law is combating discrimination in order to ensure equal participation in society for all Union citizens. Coming to grips with racism through the law, and the use of the term «race», is problematic for many societies and within the EU, has been left to the member states to resolve in a manner consistent with the traditions and legal systems of the member states. This article examines the Swedish approach to the use of the term «race» through the lens of Critical Race Theory (CRT). This legal theory explains many of the inconsistencies in the Swedish legal approach to racial discrimination. The most dramatic of these inconsistencies as examined here are those with respect to the intent of the Swedish (and EU) legislator and the case law in which the Swedish Labour Court has consistently not found racial or ethnic discrimination in working life.