ALPHA. Demokratiskolan.se is a PROTOTYPE · Content review in progress
Demokratiskolan
The Personal Freedom card from MethodKit for Society and Politics
Card 85 of 128 · MethodKit for Society & Politics
  • AreaDemocracy & power
  • Centre of gravityCentral government
  • Points of influence3 on the journey
  • Decisive electionThe general election
Democracy & power

Personal Freedom

Freedom of speech, movement & privacy

The right to say what you think, go where you want and be left in peace is the foundation of everything else democratic. The protection lies in the constitutional laws and in European law, far from the town hall. But it is in everyday life, in the square, in school, online, that freedom is tested.

Where does the power lie?1

  • Municipality · local public order rules · approx 5 %
  • State · constitution, police & courts · approx 70 %
  • EU · data protection & rights · approx 25 %

The freedoms are constitutionally protected and rest ultimately on the Riksdag and the courts. EU law and the European Convention add an extra layer of protection on top.

How it works: the breakdown

The municipalityThe square & public order
The regionOutside the area
Central governmentThe constitutional protection · centre of gravity
Who decides?
The municipal council (kommunfullmäktige) decides local public order rules, the police apply them.
No formal role, but the region handles your most sensitive data: your medical records.
The Riksdag, the courts, the Police (Polismyndigheten) and the Parliamentary Ombudsman (JO).
What do they decide?
Rules for public spaces: alcohol, street trading, putting up posters. Small rules that meet freedom in everyday life.
No power over rights and freedoms, but healthcare's handling of health data is a privacy matter in practice.
The rights and freedoms of the Instrument of Government, freedom of the press and of expression, permits for assemblies and the limits on surveillance.
Where are decisions made?
In the council and in the local public order rules, which are public.
In the region's records system, under the data protection rules.
In the Riksdag and in court, where restrictions are tested against the constitution.
Who pays?
Municipal tax: public spaces and their upkeep.
Regional tax: healthcare's IT and records systems.
The central government budget: the justice system and oversight.
Fastest way in?
Municipal election Comment on the public order rules, apply for a space for an event.
Regional election Request your medical record, complain to IMY if data is mishandled.
General election Vote, appeal decisions, file a complaint with JO against agencies that overstep.
EUThe EU's data protection regulation protects your personal data, and the European Convention applies as Swedish law. The future of data protection is shaped in the European Parliament election.

Read the table by column to understand one level, or by row to compare the levels. The green level is the area's centre of gravity.

How it works: follow the decision

The case A demonstration in the square goes ahead
  1. State

    The constitution gives the right

    Freedom of assembly and freedom to demonstrate are written into the Instrument of Government. The starting point is that you may demonstrate, and every restriction requires support in law.

  2. EU

    The protection has several layers

    The European Convention, which applies as Swedish law, and the EU's Charter of Fundamental Rights reinforce the protection. Swedish decisions can ultimately be tested against them in court.

  3. State

    You apply for a permit from the police

    For a public assembly in a public place you apply for a permit from the police. The police may set conditions on time and place, but their job is to protect the gathering, not to prevent it.

    Point of influence

    The application is made to the police, ideally in good time. The decision must be justified and can be appealed.

  4. Municipality

    The municipality controls the place

    The square is often municipal land, and the police obtain the municipality's opinion before the place is granted. The local public order rules govern things like sound and sales.

    Point of influence

    Read the municipality's public order rules and check with the municipality about power, a stage and cleaning.

  5. State

    A no can be tested

    If you are refused, the person who applied for the permit can appeal the police's decision to the administrative court (förvaltningsrätt). The Parliamentary Ombudsman (JO) can examine whether the police or municipality handled the case wrongly.

    Point of influence

    The appeal is free and requires no legal representative. A complaint to JO is open to everyone.

  6. Your everyday life

    You stand in the square

    The demonstration is held, the opinion is heard, and the same rules protect the next group that thinks the opposite. That is the point of rights: they are equal for everyone.

The journey looks the same in reverse: what has been built came the same way, through the same decisions. Whoever knows where the decisions are made also knows where they can be changed.

Questions to discuss

  1. Which freedom would you miss most if it disappeared tomorrow?

  2. Where is the line between safety and surveillance for you?

  3. Whose freedom of expression is hardest to defend, and why is it precisely that one that tests the system?

  4. How free are you online compared with in the square?

  5. What makes people hold back from saying what they think, and what would change it?

Glossary

Regeringsformen
The constitutional law that describes how Sweden is governed and lists your rights and freedoms.
Allmän sammankomst
A demonstration, a meeting or a lecture in a public place, with special constitutional protection.
Ordningsföreskrifter
The municipality's local rules for public spaces, decided by the council.
Dataskyddsförordningen
The EU's rules for how personal data may be collected and used, often called GDPR.
Europakonventionen
The European Convention on Human Rights, which applies as Swedish law.

Go further

Footnotes

1) This is an estimate of how decision-making power over the issue is split between the municipality, the region, central government and the EU, based on how responsibility is divided in legislation. A teaching guide, not an exact measurement.