Changes to the asylum procedure affected
asylum-seekers negatively. Support services
for women who experienced domestic
violence remained inadequate. Legislation
on legal gender recognition continued to
violate the rights of transgender people.
Draft constitutional changes limiting the
right to privacy were proposed.
REFUGEES AND ASYLUM-SEEKERS
In September, the right to free legal
representation in the asylum interview during
the asylum procedure was restricted, limiting
it to applicants with exceptional grounds for
assistance. Deadlines for appeals were
reduced from 30 days to 21 days in the
second instance, and to 14 days in the third
instance. The changes increased the
likelihood of asylum-seekers being forcibly
returned to countries where they might be at
risk of human rights violations (refoulement).
Family reunification was restricted to those
who had a secure income, set at an
unreasonably high threshold. Further
administrative restrictions and practical
difficulties with the application procedure
adversely affected the ability of refugees and
other recipients of international protection –
including unaccompanied children – to enjoy
their right to family life.
The authorities continued to detain
unaccompanied children, and families with
children based on their migration status.
There was no time limit on detaining families
with children.
RIGHTS OF LESBIAN, GAY, BISEXUAL,
TRANSGENDER AND INTERSEX PEOPLE
Legislation on legal gender recognition
continued to violate the rights of transgender
individuals. Under the Act on Legal
Recognition of the Gender of Transsexuals
(Trans Act), transgender people could obtain
legal gender recognition only if they agreed to
be sterilized, were diagnosed with a mental
disorder, and were aged over 18.
In April, the National Advisory Board on
Social Welfare and Health Care Ethics raised
concerns that intersex children were
Amnesty International Report 2016/17
subjected to unnecessary medical
procedures, without full informed consent.
VIOLENCE AGAINST WOMEN AND GIRLS
Services for women who had experienced
violence remained inadequate and underresourced and varied significantly between
municipalities. The number of shelters and
their accessibility for women with disabilities
remained inadequate. Neither adequate
walk-in services nor long-term support
services for survivors of violence were in
place. No co-ordinated national network of
support services for survivors of sexual
violence had been set up.
The definition of rape in the Criminal Code
failed to incorporate a lack of consent.
Mediation continued to be used widely in
cases of intimate partner violence.
In September, the Ministry of Social Affairs
and Health prepared a second draft decree
to create a body to co-ordinate work
combating violence against women.
RIGHT TO PRIVACY
In October, a draft constitutional amendment
limiting the right to privacy was published. Its
aim was to enable the acquisition of
information on threats to national security, by
giving military and civilian intelligence
agencies permission to conduct
communications surveillance without any
requirement for a link to a specific criminal
offence.
CONSCIENTIOUS OBJECTORS
Conscientious objectors to military service
continued to be punished for refusing to
undertake alternative civilian service, which
remained punitive and discriminatory in
length. The duration of alternative civilian
service was 347 days, more than double the
shortest military service period of 165 days.
159
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