The man in question has had a diagnosis within the autism spectrum since childhood. The diagnosis has led to him being excluded from the opportunity to be considered for conscription without the possibility of an individual assessment of his suitability to perform conscription service.
An autism spectrum diagnosis includes significant variations at the individual level regarding both the limitations the diagnosis entails and the degree to which functional ability is impaired in the individual case. An individual's symptoms can also often change over time.
– Since it cannot be ruled out that individuals with these diagnoses have the capability required to perform military service, it is my opinion that automatic exclusion is contrary to the Discrimination Act. However, it is not about everyone automatically having the right to perform conscription, but about the right to be assessed based on a person's individual circumstances, says Equality Ombudsman Lars Arrhenius.
In the lawsuit, DO demands that the Swedish Armed Forces pay 45,000 kronor in discrimination compensation to the man.
DO 2022/4076
Facts
To assess the suitability of those to be called for enlistment (or the so-called voluntary entry where individuals can apply on their own initiative to perform military service), one of the steps is to ensure that the person being considered for assessment does not have a previous autism diagnosis. According to the Swedish Armed Forces' procedures, anyone who has ever received this diagnosis is automatically deemed unsuitable for military service, regardless of whether the person has any symptoms of significance for actual functional ability.
In a previous supervisory decision from June 2021, DO assessed that both the Swedish Armed Forces and the Recruitment and Assessment Agency have violated the prohibition of discrimination through the automatic exclusion that the procedure entails.